U.S. v. GAMEZ-ORDUÑO

Nos. 99-10443, 99-10445, 99-10048.

235 F.3d 453 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Rodrigo GAMEZ-ORDUÑO, Jose Martinez-Carra, Jesus Martinez-Villa, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2000


Attorney(s) appearing for the Case

Leslie A. Bowman, Tucson, Arizona, for defendant-appellant Gamez-Orduño; Enrique R. Gonzales, Nogales, Arizona, for defendant-appellant Martinez-Villa; Hector M. Figueroa, Tucson, Arizona, for defendant-appellant Martinez-Carra.

Robert L. Miskell, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: JOHN T. NOONAN, SIDNEY R. THOMAS, and MARSHA S. BERZON, Circuit Judges.


Argued and Submitted July 6, 2000 — San Francisco, California

Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge NOONAN

OVERVIEW

BERZON, Circuit Judge:

This case arose from an encounter near the Arizona-Mexico border between the three appellants and several Border Patrol agents, leading to appellants' arrest, conviction and sentencing for marijuana trafficking and other offenses.

In February of 1998,...

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