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U.S. v. MARTINEZ

No. 86-1377.

855 F.2d 621 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Franke Eugenio MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1988.

As Amended on Denial of Rehearing and Rehearing August 24, 1988.

Attorney(s) appearing for the Case

Michael E. Tigar, The University of Texas School of Law, Austin, Tex., for defendant-appellant.

Gary Clifford Korn, Asst. U.S. Atty., and Antonio Bustamonte, Tucson, Ariz., for plaintiff-appellee.

Before FLETCHER, WIGGINS and NOONAN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 24, 1988.

FLETCHER, Circuit Judge:

Appellant Martinez appeals his conviction for making a false statement in violation of 18 U.S.C. § 1623. We reverse.

I. FACTS

On September 3, 1980, appellant Martinez entered the United States from Mexico at the Nogales, Arizona, Port of Entry. At the time, a warrant was outstanding for his arrest arising out of charges pending against him...

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