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UNITED STATES v. GONZALEZ-CERVANTES

Nos. 80-1735, 80-1746.

668 F.2d 1073 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco GONZALEZ-CERVANTES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1981.

Rehearing Denied March 4, 1982.

Attorney(s) appearing for the Case

Gerald McFadden, San Diego, Cal., for Cervantes.

Juanita R. Brooks, AFPD, San Diego, Cal., for Doe.

Judith S. Feigin, Asst. U. S. Atty., argued; M. James Lorenz, U. S. Atty.; Judith S. Feigin, Asst. U. S. Atty., on the brief, San Diego, Cal., for United States.

Before ALARCON and BOOCHEVER, Circuit Judges, and THOMPSON, District Judge.

ALARCON, Circuit Judge.

This consolidated appeal presents three issues: (1) whether a juvenile1 who consents to a trial before a magistrate has an absolute right to be tried or to enter a plea before a magistrate; (2) whether a juvenile can be sentenced to a probation term which, while no longer than a probation term that could be imposed on an adult, exceeds the term for which an adult could be imprisoned; and (3) whether an error...

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