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U.S. v. MARTINEZ

No. 86-1377.

837 F.2d 900 (1988)

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

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1988.

Attorney(s) appearing for the Case

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

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

Before FLETCHER, WIGGINS and NOONAN, Circuit Judges.

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 in Colorado.

Martinez identified himself to Custom Officials in English...

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