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U.S. v. HERNANDEZ

No. 02-2072.

327 F.3d 1110 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Santos Iglesias HERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 22, 2003.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellant.

Charles A. Harwood, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, Shari Lynn Allison, Research and Writing Specialist, with him on the brief), Las Cruces, NM, for the Defendant-Appellee.

Before O'BRIEN, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ANDERSON, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

In a two-count indictment one Santos Iglesias Hernandez ("Defendant") was charged with knowingly and in reckless disregard of the fact that Efren Cruz-Segoviano ("Cruz"), an alien, had come to, entered and remained in the United States in violation of the law, did transport and move, and attempt to transport and move said alien within the United States by means of transportation and otherwise...

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