WEINBERGER, District Judge.
On October 21, 1953, an indictment was filed against the defendant herein charging him in Count One with a violation of Title 8 U.S.C.A. § 1324(a) (1), to wit that the defendant did bring into the United States and attempt to bring into the United States a certain named alien, which alien was not duly admitted by an immigration officer and was not lawfully entitled to enter or reside within the United States.
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