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UNITED STATES v. CERVANTES-GAITAN

No. 85-5124.

792 F.2d 770 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Manuel CERVANTES-GAITAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1986.

Attorney(s) appearing for the Case

Patrick K. O'Toole, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Frank V. Gregorcich, San Diego, Cal., for defendant-appellant.

Before WALLACE, ANDERSON, and NORRIS, Circuit Judges.

WALLACE, Circuit Judge:

Cervantes-Gaitan appeals from his conviction for importing heroin in violation of 21 U.S.C. §§ 952, 960, 963, and for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Testimony at a pretrial hearing supports the following factual account. Cervantes-Gaitan and four other male aliens illegally entered the United...

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