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U.S. v. HERNANDEZ

Crim. A. No. 88-10068-01.

714 F.Supp. 1140 (1989)

UNITED STATES of America, Plaintiff, v. Zenon HERNANDEZ, Defendant.

United States District Court, D. Kansas.

May 15, 1989.

Attorney(s) appearing for the Case

Assistant U.S. Atty. Kim Martin, Wichita, Kan., for plaintiff.

Assistant Public Defender, Marilyn M. Trubey, Topeka, Kan., for defendant.

OPINION AND ORDER

THEIS, District Judge.

Defendant was charged by indictment with two counts: I, making a false statement to obtain a firearm by representing that he was not illegally or unlawfully in the United States, a violation of 18 U.S.C. § 922(a)(6); II, unlawful receipt of a firearm by an illegal alien, a violation of 18 U.S.C. § 922(g)(5). An element common to both counts and the key element at trial was whether defendant was an illegal...

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