No. 90-50435.

932 F.2d 803 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Emilio HERNANDEZ-VALENZUELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Bernard G. Skomal, San Diego, Cal., for defendant-appellant.

Paul S. Cook, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before NORRIS, HALL and TROTT, Circuit Judges.


Appellant appeals his conviction for smuggling marijuana over the Mexican border in violation of 21 U.S.C. §§ 952, 960, and 841(a)(1), and he appeals the calculation of his sentence under the guidelines. He argues that the trial court erred in denying him a continuance when he substituted new counsel before trial, in denying his motion to exclude the in-court identification by a customs inspector, and in enhancing his offense level for obstruction...

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