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U.S. v. ARTERO

No. 95-50079.

121 F.3d 1256 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Riccardo Edoardo ARTERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Stephen R. Scarborough, Federal Public Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant.

Debra R. Torres-Reyes, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case raises two trial issues: (1) the instructions on "beyond a reasonable doubt" and on lost evidence, and (2) ethnic composition of the grand jury.

I. FACTS

Artero was convicted of smuggling marijuana across the Tijuana-San Diego border in his gas tank (importation in violation of 21 U.S.C. §§ 952 and 960, and possession with intent to distribute in violation of 21 U.S.C. § 841(a)(1)).

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