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

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

U.S. Court of Appeals for the Ninth Circuit · Decided July 17, 1972 · Chambers, Merrill, Per Curiam, Wallace

461 F.2d 1261; 1972 U.S. App. LEXIS 8392 (Federal Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.