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UNITED STATES v. HERNANDEZ

Nos. 83-5257, 83-5258.

739 F.2d 484 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Victoria Link HERNANDEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Katie Laretta SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1984.

Attorney(s) appearing for the Case

Roger W. Haines, Jr., Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., John A. Houston, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Frank M. Murphy, III, San Diego, Cal., Helen DeJoice Fortson, Chula Vista, Cal., for defendant-appellant.

Before WALLACE, SCHROEDER, and NELSON, Circuit Judges.

SCHROEDER, Circuit Judge.

Appellants Smith and Hernandez appeal their convictions under 8 U.S.C. § 1324(a)(2) (1982) of conspiracy to transport illegal aliens and aiding and abetting the transportation of illegal aliens. They contend that the district court should have suppressed evidence that military policemen discovered when they stopped appellants' vehicle at a temporary checkpoint inside Camp Pendleton, California. The issue presented is a narrow one: whether...

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