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UNITED STATES v. MERKT

No. 84-2401.

764 F.2d 266 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Stacey Lynn MERKT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 22, 1985.

Attorney(s) appearing for the Case

Dennis P. Riordan, Karen Leigh Snell, Morrison & Foerster, San Francisco, Cal., for defendant-appellant.

Kramer & Hall, San Francisco, Cal., for amicus curiae Mother Jones.

Daniel K. Hedges, Sp. Asst. U.S. Atty., Susan L. Yarbrough, James R. Gough, Michael K. Suarez, Asst. U.S. Attys., Houston Tex., for plaintiff-appellee.

Lawrence A. Gibbs, Sandra Ortiz, San Francisco, Cal., for defendant-appellant's amicus-Nat. Council of Churches, et al.

Karen Parker, San Francisco, Cal., for Federational Internationale & Human Rights.

Kathleen J. Purcell, San Francisco, Cal., for amicus-Unitarian Universalist Ass'n.

Michael J. Heilman, Atty., I.N.S., Washington, D.C., for plaintiff-appellee U.S.A.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 22, 1985.

PER CURIAM:

A jury instruction that an accused charged with transporting illegal aliens should be found guilty if she had the intention of taking the aliens to an immigration office and knew that the Immigration Service had a closer office to which the aliens might report misstates the elements of the offense.

A jury found Stacey Lynn Merkt guilty of conspiring to transport and move, and transporting...

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