Before KALODNER, HASTIE and GANEY, Circuit Judges.
The appellants, Adelno J. Vazquez and Pedro Elespe, appeal from judgments of convictions on count one of a three-count indictment returned on October 19, 1960. Count one alleges as follows:
That from on or about March 15, 1959, to and including on or about May 4, 1960, at Newark in the District of New Jersey and at divers other places both within and without the District of New Jersey,
defendants, did knowingly and unlawfully conspire and confederate together and with each other, and with others to the Grand Jury unknown to commit certain offenses against the United States, to wit, to defraud the United States of and concerning its governmental function in the administration of the Immigration Laws by the Immigration and Naturalization Service of the United States Department of Justice, an agency of the United States.
It was part of the plan and purpose of the conspiracy to defraud the United States of and concerning its governmental function in the administration of the Immigration Laws and of the Immigration and Naturalization Service by corruptly procuring legal residence for Miguel Martins in the United States.
It was further a part of the plan and purpose of the conspiracy that Miguel Martins, an alien and citizen of Portugal who was a temporary resident alien residing in the United States, did go through a legal ceremony with Maximina Rivera with the sole purpose of enabling Miguel Martins to adjust his status to a permanent resident alien by reason of a marriage to a United States citizen and thereby enabling Miguel Martins to remain permanently in the United States.
It was further a part of the plan and purpose of the conspiracy that the said marriage of Miguel Martins and Maximina Rivera would be a marriage in form only entered into by the parties thereto solely for the purpose of representing it as a marriage to the United States Immigration and Naturalization Service of the Department of Justice and that the parties not live together as husband and wife.
It was further a part of the said conspiracy that the defendants, Adelino J. Vazquez, Pedro Elespe, Miguel Martins and Maximina Rivera Martins, would conceal the transactions and acts aforesaid and would do such other further and different acts as they might deem necessary and expedient to prevent the disclosure to the United States Immigration and Naturalization Service of the existence of said conspiracy. Count two charges Vazquez and Miguel Martins with fraudulently filling out an Application for Status as Permanent Resident by inserting the false address of Maximina Rivera Martins. Count three asserts that Vazquez and Maximina did knowingly make and cause to be made a fraudulent Petition by a United States Citizen for Issuance of Immigrant Visa by inserting therein a false residence of Maximina. Both counts two and three are alleged to be in violation of § 1001, Title 18 U.S.C., concerning false statements and representations in a matter within the jurisdiction of the United States.
Maximina, without benefit of counsel, and Miguel plead guilty to count one, and not guilty to counts ...