UNITED STATES v. ALDERETE-DERAS

No. 83-1312.

743 F.2d 645 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Gerardo ALDERETE-DERAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1984.


Attorney(s) appearing for the Case

Donald B. Ayer, U.S. Atty., John W. Kennedy, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Sandra Gillies, Sacramento, Cal., for defendant-appellee.

Before FLETCHER and CANBY, Circuit Judges, and PANNER, District Judge.


FLETCHER, Circuit Judge:

The government charged Alderete with illegal entry after deportation in violation of 8 U.S.C. § 1326 (1982), a felony. The district court granted Alderete's motion to suppress evidence of his deportation. The court found Alderete's deportation unlawful because it was based on compelled testimony, in violation of his fifth amendment rights. The government appeals.

FACTS

In 1981, Alderete was deported to Mexico as an alien...

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