United States v. Ruben Preciado-Gomez, AKA Norberto Diaz-Moreno

On June 25, 1974, a two-count indictment was filed charging appellant with illegal re-entry into the United States on June 13, 1974 ( 8 U.S.C. Sec. 1326 ), and with making a false representation of United States citizenship on that same date ( 18 U.S.C. Sec. 911 ). On September 17-19, 1974, the appellant was tried by jury which could not reach a verdict. For that reason, on September 20, 1974, a mistrial was declared.

On October 2, 1974, appellant was reindicted on four counts: the same two counts previously charged in the June 25, 1974 indictment (Counts I and II), plus two additional counts charging earlier somewhat similar violations by appellant on April 17, 1972 (Counts III and IV), of: (1) a fraudulent procurement of evidence of citizenship (a 1 — 179 card), in violation of 18 U.S.C. Sec. 1425 (b); and (2) a false representation of United States citizenship ( 18 U.S.C. Sec. 911 ). Motions were brought and denied on November 4, 1974 and November 19, 1974 to dismiss this second indictment for vindictive prosecution. The case was tried to a second jury on November 21 — 22, 1974, and on November 25, 1974, the jury found the defendant guilty on all counts. Defendant was…