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U.S. v. SOTO-HOLGUIN

No. 97-2199.

163 F.3d 1217 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Javier SOTO-HOLGUIN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 4, 1999.

Attorney(s) appearing for the Case

Jason Bowles, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief) Las Cruces, New Mexico, for Plaintiff-Appellant.

Richard C. Cauble, Las Cruces, New Mexico, for Defendant-Appellee.

Before BALDOCK, BRISCOE, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

On November 12, 1996, United States Border Patrol agents, driving along a ranch road near New Mexico State Highway 9, spotted footprints crossing the road. Aware that many drug smugglers hire poverty-stricken Mexican citizens to carry backpacks full of drugs across the United States-Mexico border on foot, the agents followed the footprints. Soon thereafter, the agents observed Defendant Javier Soto-Holguin and several other individuals carrying...

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