United States v. Seihichiro Tsutagawa, United States of America v. Chihiro Takamatsu

WALLACE, Circuit Judge:

The grand jury returned a separate indictment against each appellee charging the harboring and concealing of illegal aliens in violation of 8 U.S.C. § 1324(a)(3). Motions to dismiss the indictments were granted by the district court because all but four of the apprehended aliens were released and sent back to Mexico by the government. The government contends that the district court erred in applying United States v. Mendez-Rodriguez, 450 F.2d 1 (9th Cir. 1971), because in the present case the aliens were apprehended incident to a grand jury investigation directed…