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UNITED STATES v. DE HERNANDEZ

Nos. 83-1008, 83-1009, 83-1062, 83-1063 and 83-1074.

745 F.2d 1305 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Asuncion Martinez DE HERNANDEZ, Baldomero Hernandez-Gonzales, Carmen Perea, Carlos Perea, Salvador Pineda-Vergara, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 28, 1984.

Attorney(s) appearing for the Case

Reber Boult, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant Maria Asuncion Martinez de Hernandez.

Patrick H. Kennedy, Albuquerque, N.M., for defendant-appellant Baldomero Hernandez-Gonzales.

Alfred M. Carvajal of Alfred M. Carvajal, P.A., Albuquerque, N.M. (Torrence B. Harrison, with him on the brief), Albuquerque, N.M., for defendants-appellants Carlos Perea and Carmen Perea.

Victor R. Ortega of Montgomery & Andrews, P.A., Santa Fe, N.M. (Wesley B. Howard, Santa Fe, N.M., with him on the brief), for defendant-appellant Salvador Pineda-Vergara.

William L. Lutz, U.S. Atty., Albuquerque, N.M. (Don J. Svet, First Asst. U.S. Atty., Albuquerque, N.M., with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, SETH, and DOYLE, Circuit Judges.

SETH, Chief Judge.

This is a consolidated appeal taken by five defendants from their convictions on various charges relating to the unlawful transportation of illegal aliens. 8 U.S.C. § 1324; 18 U.S.C. §§ 2, 371.

The Government established at trial that numerous Mexican and El Salvadoran citizens who wished to enter the United States contacted the defendant Pineda-Vergara. Pineda-Vergara owned a sort of rooming house at Ciudad Juarez to which...

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