Martinez-Quiroz

Appellant and Thomas Gene Doty were indicted in three counts for violating § 274(a) of the Immigration and Nationality Act, 8 U.S.C.A. § 1324 (a). Doty pleaded guilty. Appellant pleaded not guilty, waived jury trial and was tried without a jury. In the course of the

trial, counts 1 and 2 of the indictment were dismissed as to appellant. Appellant was convicted and sentenced on count 3 of the indictment and has appealed.

I.

Appellant contends that § 274(a) of the Immigration and Nationality Act, 8 U.S.C.A. § 1324 (a), is unconstitutional and void for vagueness. A similar contention was rejected in Herrera v. United States, 9 Cir., 208 F.2d 215, 216 . We now reaffirm Herrera v. United States- and again hold that § 274(a) of the Immigration and Nationality Act, 8 U.S. C.A. § 1324(a), is constitutional and valid.

H.

Appellant contends that the evidence was insufficient to sustain his conviction. There was evidence to the following effect;

At all pertinent times, Enedina Rodriguez Sancione, was an alien not duly admitted by an immigration officer and not lawfully entitled to enter or reside within the United States under the terms of the Immigration and Nationality Act, 8…