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U.S. v. CHEN

No. 92-50210.

2 F.3d 330 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Chong-Biao CHEN; Ok Son Chen, aka Debbie Chin; Xue Duan Chen; Guan Chong Chen; Rong Hua Chen; Kan Chong Chen; Kong Gian Chen; Jia Zhun Chen, aka Chong Tia Chen; Ping Xae Chen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1993.

Attorney(s) appearing for the Case

George S. Cardona, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

William J. Genego, Santa Monica, CA, Alan I. Rubin, Epstein, Adelson & Rubin, Morton H. Boren, Hauptman & Boren, Los Angeles, CA, argued and on the briefs; Vicki I. Podberesky, Nasatir & Hirsch, Santa Monica, CA, Marvin W. Granger and Hari S. Lal, Lal & Brahmbhatt, Anaheim, CA, Michael Artan, Los Angeles, CA, Anna Ho, Torrance, CA, David R. Reed, Beverly Hills, CA, on the brief for the defendants-appellees.

Before: WALLACE, Chief Judge, SNEED and HALL, Circuit Judges.

WALLACE, Chief Judge:

The government appeals from the district court's judgment dismissing the indictment charging nine defendants with conspiracy to smuggle aliens into the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(1). The district court claimed authority to dismiss the indictment pursuant to its supervisory powers because it determined that agents of the Immigration and Naturalization Service (INS) acted outside their statutory...

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