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U.S. v. TEMPLE

No. 87-2159.

862 F.2d 821 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Don TEMPLE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 13, 1988.

Attorney(s) appearing for the Case

Ralph E. Ellinwood of John F. Schaber, P.A., Deming, N.M., for defendant-appellant.

Robert J. Gorence, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Dist. of New Mexico, Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and SETH and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The defendant in this case was convicted of conspiracy and aiding and abetting the smuggling of illegal aliens from Mexico into the United States under 18 U.S.C. § 371 (1982) and 8 U.S.C. §§ 1324(a)(1)(A) and (B) (1982). The charged conspiracy spanned the time period from February 9 to March 1, 1987. On February 9, 1987, border patrol agents stopped an Oldsmobile carrying twelve illegal aliens near Columbus, New Mexico. The defendant...

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