461 F2d 1261 United States v. Alvarez-Franco

461 F.2d 1261

UNITED STATES of America, Plaintiff and Appellee,
v.
Jesus ALVAREZ-FRANCO, Defendant and Appellant.

No. 71-3070.

United States Court of Appeals,
Ninth Circuit.

July 17, 1972.

Donald 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:

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1

The judgment of conviction is affirmed.

2

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

3

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

4

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

5

The case is remanded for resentencing.