U.S. v. VAVAGES

Nos. 97-10394.

151 F.3d 1185 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel VAVAGES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1998.


Attorney(s) appearing for the Case

Rubin Salter, Jr., Tucson, Arizona, for the defendant — appellant.

Jerry R. Albert, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: HALL and THOMAS, Circuit Judges, and MOSKOWITZ, District Judge.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Gabriel Vavages appeals his jury trial conviction for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841. We reverse and remand for retrial.

BACKGROUND

On May 24, 1996, a Tohono O'Odham police officer observed a beige colored sedan traveling at a high rate of speed, weaving, and straddling the highway's center dividing line. The officer stopped the vehicle after a short chase and...

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