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U.S. v. CORDOBA

No. 95-50492.

104 F.3d 225 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Javier CORDOBA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 1997.

As Amended February 11, 1997.

Attorney(s) appearing for the Case

Olivia W. Karlin, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Elizabeth Abrams Sellung, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before BRUNETTI, TROTT and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This appeal requires us to decide whether our per se rule excluding the admission of unstipulated polygraph evidence was effectively overruled by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). We conclude it was and vacate Defendant Cordoba's conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We affirm...

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