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UNITED STATES v. TINDALL

No. EP-82-CR-66.

551 F.Supp. 161 (1982)

UNITED STATES of America v. Rubin E. TINDALL, Jr. and Allen Moore.

United States District Court, W.D. Texas, El Paso Division.

July 1, 1982.

Attorney(s) appearing for the Case

Michael S. McDonald, Asst. U.S. Atty., El Paso, Tex., for plaintiff.

Bruce Ponder, El Paso, Tex., for Rubin E. Tindall, Jr.

Richard P. Mesa, El Paso, Tex., for Allen Moore.

ORDER DENYING MOTION TO DISMISS INDICTMENT

HUDSPETH, District Judge.

The Defendants are charged by indictment with transporting and moving and conspiring to transport and move illegal aliens within the United States. They move to dismiss the indictment, contending that it does not allege an essential element of the offense charged, to wit: that the transportation was in furtherance of a violation of the law.

The Ninth Circuit held in United States...

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