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United States v. Sanchez-Mata

United States Court of Appeals, Ninth Circuit
Aug 3, 1970
429 F.2d 1391 (9th Cir. 1970)

Summary

discussing 8 U.S.C. § 1324

Summary of this case from U.S. v. Terrazas-Carrasco

Opinion

No. 25304.

August 3, 1970.

Douglas S. Stanley (argued), Tom Cole, Westover, Keddie Choules, Yuma, Ariz., for appellant.

Richard S. Burke (argued), U.S. Atty., N. Warner Lee, Ass't. U.S. Atty., Phoenix, Ariz., for appellee.

Before KOELSCH and CARTER, Circuit Judges, and HALL, District Judge.

Honorable Peirson M. Hall, Senior United States District Judge, Central District of California, sitting by designation.


The Immigration officers lawfully stopped the car driven by the defendant and lawfully interrogated the persons therein. Title 8, U.S.C. § 1357.

The conversations with the backseat aliens were in the presence of the defendant and were not hearsay.

The evidence as to whether Sandoval (the illegally transported alien) was illegally in the Country was conflicting and was resolved by the jury whose verdict as triers of the fact this appellate court will not disturb. The admission of the evidence of simultaneous violations of transporting other aliens was not error. Gianotos v. United States (9 Cir. 1939), 104 F.2d 929; Schwartz v. United States (9 Cir. 1947), 160 F.2d 718; Parker v. United States (9 Cir. 1968), 400 F.2d 248, cert. den. 393 U.S. 1097, 89 S.Ct. 892, 21 L.Ed.2d 789.

The orally requested instruction was properly refused. F.R.Crim.P. 30; Local Rules, District of Arizona No. 25. Moreover, the subject of the orally requested instruction was fully covered by the instructions given.

The claim of unconstitutionality of Title 8, U.S.C. § 1324(a)(2), is frivolous. Herrera v. United States (9 Cir. 1953), 208 F.2d 215, certiorari denied 347 U.S. 927, 74 S.Ct. 529, 98 L.Ed. 1080; Bland v. United States (5 Cir. 1962), 299 F.2d 105, hold the statute is valid.

The judgment of the lower court is affirmed.


Summaries of

United States v. Sanchez-Mata

United States Court of Appeals, Ninth Circuit
Aug 3, 1970
429 F.2d 1391 (9th Cir. 1970)

discussing 8 U.S.C. § 1324

Summary of this case from U.S. v. Terrazas-Carrasco
Case details for

United States v. Sanchez-Mata

Case Details

Full title:UNITED STATES of America, Appellee, v. Brigido SANCHEZ-MATA, Appellant

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 3, 1970

Citations

429 F.2d 1391 (9th Cir. 1970)

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