United States of America, and v. Jesus Alvarez-Franco, And

U.S. Court of Appeals for the Ninth Circuit July 17, 1972

United States of America, and v. Jesus Alvarez-Franco, And, 461 F.2d 1261 (9th Cir. 1972)

1972 U.S. App. LEXIS 8392

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We cannot conclude that the interrogation conducted by the court was improper.

We think there was a sufficient showing of willfulness and knowledge.

We conclude that the form of sentence was not permissible under Dear Wing Jung v. Uni,ted States, 312 F.2d 73 (9th Cir., 1962).

The case is remanded for resentencing.

Full Case Name: UNITED STATES of America, Plaintiff and Appellee, v. Jesus ALVAREZ-FRANCO, Defendant and Appellant
Status: Published