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U.S. v. DE GROSS

No. 87-5226.

960 F.2d 1433 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Juana Espericueta DE GROSS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Edmundo Espinoza, San Diego, Cal. on brief, for defendant-appellant.

William Braniff, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Judy Clarke, McKenna & Cuneo, Mario G. Conte and Sara Rapport, Federal Defenders of San Diego, Inc., San Diego, Cal., for amicus curiae Nat. Ass'n of Crim. Defense Lawyers.

Betty Wheeler, ACLU Foundation of San Diego, San Diego, Cal., for amicus curiae American Civil Liberties Union.

Before: WALLACE, Chief Judge, HUG, TANG, SCHROEDER, ALARCON, D.W. NELSON, REINHARDT, BEEZER, WIGGINS, RYMER, FERNANDEZ, Circuit Judges.

Argued En Banc and Submitted September 26, 1991.

WIGGINS, Circuit Judge:

A jury convicted Juana Espericueta De Gross of aiding and abetting the transportation of an alien within the United States. De Gross appealed her conviction. A panel of this court reversed her conviction. 913 F.2d 1417. The panel's judgment was vacated, however, by our decision to rehear this case en banc. 930 F.2d 695

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