Court of Appeals for the Ninth Circuit February 8, 1979, 78-1942 (United States v. Ernesto Magdaleno-Aguirre)

REAL, District Judge.

Magadaleno-Aguirre appeals his conviction for transporting an illegal alien in vio

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lation of 8 U.S.C. § 1324(a)(2) [Ct II]. He was also convicted of illegal entry in violation of 8 U.S.C. § 1325 [Ct III] from which he does not appeal.

Magadaleno-Aguirre’s claim on this appeal is that the Government did not prove two essential elements of the crime charged i. e.