UNITED STATES v. HUSSEIN

Nos. 81-1085, 81-1220.

675 F.2d 114 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Mahmoud Mansour HUSSEIN (81-1085), Esteban Aguirre-Flores (81-1220), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 9, 1982.

Rehearing and Rehearing Denied June 15, 1982.


Attorney(s) appearing for the Case

Thomas V. Wilhelm, Mariam L. Siefer, William L. Woodard, Deputy Federal Defender, Darwyn P. Fair, Deputy Federal Defenders, Detroit, Mich., for defendants-appellants.

Richard A. Rossman, U. S. Atty., Sheldon N. Light, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before ENGEL and KENNEDY, Circuit Judges, and BALLANTINE, District Judge.


Rehearing and Rehearing En Banc Denied June 15, 1982.

PER CURIAM.

In each of these appeals, the defendant was convicted following a jury trial of entry into the United States after deportation without permission from the Attorney General, an offense under 8 U.S.C. § 1326 carrying a maximum penalty of two years in prison. The appeals raise the single question whether the trial judge erred in instructing the jury on the elements of the offense charged without...

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