United States of America, Plaintiff and Appellee, v. Jesus Alvarez-franco, Defendant and Appellant, 461 F.2d 1261 (9th Cir. 1972)
Annotate this CaseDonald L. Ungar (argued), Milton T. Simmons, of Phelan, Simmons & Ungar, San Francisco, Cal., for defendant-appellant.
William B. Shubb, Asst. U. S. Atty. (argued), Sacramento, Cal., for plaintiff-appellee.
Before CHAMBERS, MERRILL and WALLACE, Circuit Judges.
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. United States, 312 F.2d 73 (9th Cir., 1962).
The case is remanded for resentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
