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U.S. v. MAGALLON-JIMENEZ

No. 99-50561.

219 F.3d 1109 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marciano MAGALLON-JIMENEZ, aka Marciano Jimenez Magallon; aka El Viejo; aka El Viejito, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2000.

Attorney(s) appearing for the Case

Korey House, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Lisa E. Feldman, Office of the U.S. Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: TROTT, FERNANDEZ, and McKEOWN, Circuit Judges.

TROTT, Circuit Judge:

Marciano Magallon-Jimenez ("Magallon") appeals his conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Magallon contends that the district court erred in denying his motion for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure ("Rule 29"). He argues that the evidence (1) failed to show that he knew that the truck in which he was a passenger contained a Pepsi box...

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