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DEGE v. UNITED STATES

Nos. 17805, 17806.

308 F.2d 534 (1962)

Lucille Aldine DEGE and Ernest Dege, Appellants, v. UNITED STATES of America, Appellee. Lucille DEGE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 21, 1962.

Attorney(s) appearing for the Case

Harry D. Steward and Mary E. Harvey, San Diego, Cal., for appellants.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, and Elmer Enstrom, Jr., Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before STEPHENS, BARNES and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

This is another case involving the smuggling of psitticine birds from Mexico to the United States.

Appellants, husband and wife, were jointly indicted on August 21, 1958, in the United States District Court for the Southern District of California, Southern Division (No. 27809), charged with conspiracy to so smuggle between October 1957 and March 1958 (an alleged violation of 18 U.S.C. §§ 371 and 545). The district court dismissed...

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