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U.S. v. ROMERO-AVILA

No. 99-50289.

210 F.3d 1017 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Alberto ROMERO-AVILA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2000

Attorney(s) appearing for the Case

Gary P. Burcham (argued) and Michelle D. Anderson, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Daniel S. Drosman, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: BOOCHEVER, HAWKINS, and THOMAS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Thomas Alberto Romero-Avila ("Romero-Avila") appeals his conviction for possessing and importing marijuana and falsely claiming U.S. citizenship. Romero-Avila alleges that there was a fatal variance between the indictment and the evidence at trial; that the district court committed plain error by allowing the government to point to his poverty as a possible motive; that the district court erred by failing to instruct the jury on...

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