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U.S. v. GARIBAY

No. 96-50606.

143 F.3d 534 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Rosario GARIBAY, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1998.

Attorney(s) appearing for the Case

William W. Brown, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant.

G. David Hackney, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: PREGERSON and HAWKINS, Circuit Judges, and WEINER, District Judge.

PREGERSON, Circuit Judge:

Jose Rosario Garibay, Jr. appeals his convictions by a jury for importing marijuana in violation of 21 U.S.C. §§ 952 and 960 and for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Garibay asserts that in denying his motion to suppress the district court erred (1) in finding that he had waived his Miranda rights before making inculpatory statements to United States Customs Agents...

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