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UNITED STATES v. VALENZUELA-BERNAL

No. 80-1573.

647 F.2d 72 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo VALENZUELA-BERNAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1981.

Attorney(s) appearing for the Case

Craig Weinerman, San Diego, Cal., for defendant-appellant.

Bruce R. Castatter, Asst. U.S. Atty., argued, M. James Lorenz, U.S. Atty., Bruce R. Castetter, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before PREGERSON and REINHARDT, Circuit Judges, and HARDY, District Judge.

PREGERSON, Circuit Judge:

Ricardo Valenzuela-Bernal was indicted for transporting illegal aliens. He moved to dismiss the indictment on the grounds that the Government violated his Fifth and Sixth Amendment rights by deporting several alien eyewitnesses without affording him an opportunity to interview them. The district court denied his motion; Bernal was convicted. We reverse.

FACTS

Valenzuela-Bernal (Bernal), a Mexican citizen, entered...

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