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U.S. v. LOAIZA-DIAZ

No. 95-10448.

96 F.3d 1335 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose LOAIZA-DIAZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1996.

Attorney(s) appearing for the Case

George H. Soltero, Assistant Federal Public Defender, Tucson, AZ, for defendant-appellant.

Robert L. Miskell and James D. Whitney, Assistant United States Attorneys, Tucson, AZ, for plaintiff-appellee.

Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge.

BEEZER, Circuit Judge:

Jose Loaiza-Diaz was arrested while driving a truck loaded with 123.5 pounds of marijuana from Mexico to Phoenix, Arizona. During a search of the truck, police discovered a loaded shotgun underneath the seat on the passenger side. Loaiza-Diaz was indicted for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846; possession with intent to distribute marijuana...

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