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U.S. v. DUQUE

No. 94-10259.

62 F.3d 1146 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Antonio DUQUE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

Sean Bruner, Bruner & Bowman, Tucson, AZ, for defendant-appellant.

Ann E. Mosher, Asst. U.S. Atty., Tucson, AZ, for plaintiff-appellee.

Before: CUMMINGS, SCHROEDER and RYMER, Circuit Judges.

CUMMINGS, Circuit Judge:

After being arrested in Arizona, indicted in California and subsequently re-indicted in Arizona, Carlos Antonio Duque was tried and convicted of possession with intent to distribute cocaine and conspiracy to do the same, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846. Duque was arrested while unloading cocaine from a truck that had been driven from Mexico to the United States at the behest of an individual working with...

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