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U.S. v. SOTELO-RIVERA

No. 89-10082.

931 F.2d 1317 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis SOTELO-RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed June 26, 1990.

Opinion Withdrawn May 1, 1991.

Decided May 1, 1991.

Attorney(s) appearing for the Case

Jose H. Robles and Frank R. Zapata, Asst. Federal Public Defenders, Tucson, Ariz., for defendant-appellant.

Joelyn D. Marlow, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before WALLACE, Chief Judge, ALARCON and LEAVY, Circuit Judges.

ORDER

The appellee's Petition for Rehearing is hereby GRANTED. The Opinion previously filed on June 26, 1990, and reported at 906 F.2d 1324, is hereby WITHDRAWN.

LEAVY, Circuit Judge:

Jose Luis Sotelo-Rivera ("Sotelo") appeals from his conviction for possession with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(vii) (1988). Sotelo claims...

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