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U.S. v. IRIARTE-ORTEGA

No. 96-50151.

113 F.3d 1022 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo IRIARTE-ORTEGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1997.

Attorney(s) appearing for the Case

Rebecca P. Jones, Semel & Feldman, San Diego, California, for defendant-appellant Alfredo Iriarte-Ortega.

Bruce R. Castetter and Steve Miller, Assistant United States Attorneys, San Diego, California, for plaintiff-appellee United States of America.

Before BOOCHEVER, KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges.

OPINION

KOZINSKI, Circuit Judge.

Alfredo Iriarte-Ortega appeals his conviction and sentence for conspiracy to import marijuana in violation of 21 U.S.C. §§ 952, 960, 963, and conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 846.

On August 17, 1995, Border Patrol Agent Martin Miles was flying over the Mexican border near Jacumba, California when he noticed two pickup trucks parked...

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