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U.S. v. ESQUIVEL

No. 94-50603.

75 F.3d 545 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Bertha Alicia ESQUIVEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1996.

Attorney(s) appearing for the Case

Stephen R. Scarborough, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant.

Roger W. Haines, Jr. (argued), and Alberto A. Arevalo (on the brief), Assistant United States Attorneys, San Diego, California, for plaintiff-appellee.

Before: BOOCHEVER, T.G. NELSON and KLEINFELD, Circuit Judges.

OPINION

T.G. NELSON, Circuit Judge:

Bertha Alicia Esquivel was arrested on June 2, 1994, at the Port of Entry at San Ysidro, California, when port authorities discovered a Mexican national hidden in Esquivel's car. A federal grand jury issued a one-count indictment against Esquivel. The indictment charged Esquivel with bringing an illegal alien into the United States, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii) and (iii).

Esquivel made a motion...

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