U.S. v. GARCIA-PAZ

No. 01-50078.

282 F.3d 1212 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan GARCIA-PAZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2002.


Attorney(s) appearing for the Case

Gary P. Burcham, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, Brian M. Pearce, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before GOODWIN, WALLACE and THOMAS, Circuit Judges.


WALLACE, Circuit Judge.

Garcia-Paz appeals from his conviction, following a jury trial, of importation of merchandise in violation of 18 U.S.C. § 545 (2001). He argues that (1) for the purposes of section 545, marijuana does not constitute "merchandise"; (2) the district court improperly refused to instruct the jury that it must find that Garcia-Paz knowingly imported marijuana in order to sustain a conviction under section 545; and (3) there was insufficient...

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