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U.S. v. RASCON-ORTIZ

Nos. 91-2291 and 91-2292.

994 F.2d 749 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Manuel RASCON-ORTIZ, and Edgar Rascon-Sotelo, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 28, 1993.

Attorney(s) appearing for the Case

Kelly H. Burnham (Don J. Svet, U.S. Atty., Albuquerque, NM, with her on the brief), Asst. U.S. Atty., Las Cruces, NM, for plaintiff-appellant.

Francisco Mario Ortiz, Las Cruces, NM, for defendant-appellee in No. 91-2291.

William D. Fry, Asst. Federal Public Defender, Las Cruces, NM, for defendant-appellee in No. 91-2292.

Before MOORE, BRORBY and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

At a permanent border patrol checkpoint located near the United States-Mexico border, agents discovered thirty-eight pounds of marijuana hidden in the fuel tank of a vehicle driven by the Appellees, Juan Manual Rascon-Ortiz and Edgar Rascon-Sotelo. Both men were indicted for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1), (b)(1)(D) and 18 U.S.C. § 2. The United States appeals the district court...

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