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U.S. v. ASLAM

Magistrate No. 56990.

743 F.Supp. 119 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rafique ASLAM, Defendant-Appellant.

United States District Court, N.D. New York.

August 10, 1990.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany, N.Y., for defendant-appellant (Meave M. Tooher, of counsel).

Frederick J. Scullin, Jr., U.S. Atty., Albany, N.Y., for plaintiff-appellee (William C. Perichak, of counsel).

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

Defendant-Appellant Rafique Aslam appeals to this Court pursuant to 18 U.S.C. § 3402, from a judgment of conviction entered after a bench trial before United States Magistrate Ralph W. Smith, Jr. Before the Court addresses the merits of the appeal, the following recitation of the facts is necessary.

At around 7:00 PM on January 16, 1990, a sensor alerted border patrol agents of a possible...

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