Rocha v. United States

288 F.2d 545 Jorge Gabriel ROCHA, Joao Da Paixao Andrade, Manuel Correia Da Luz, Jose Da Silva Da Luz, Francisco Da Silva Rodrigues, Manuel Das Neves Virrissimo, Appellants, v. UNITED STATES of America, Appellee. No. 16839. United States Court of Appeals Ninth Circuit. March 2, 1961. Verne O. Warner, and John S. Rhoades, San Diego, Cal., for appellants. Laughlin E. Waters, U.S. Atty., Robert J. Jensen, George W. Kell, Asst. U.S. Attys., Los Angeles, Cal., for appellee. Before ORR, BARNES and HAMLIN, Circuit Judges. BARNES, Circuit Judge. 1 The six appellants, herein known as 'immigrant defendants,' with eight indicted coconspirators (herein known as 'coconspirators') and six unindicted coconspirators (herein known as 'brides') were charged with conspiracy to defraud the United States. The object of the conspiracy was to permit the six immigrant defendants to make an unlawful entry into the United States, as immigrants in a claimed preferred status, viz. as husbands (through alleged sham marriages) to the United States citizen brides. 8 U.S.C.A. 1325. Jurisdiction is claimed generally under 18 U.S.C. 3231; and more specifically under 18 U.S.C. 3237, 3238. We do not find 18 U.S.C.…