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U.S. v. CAMPOS

No. 97-50635.

217 F.3d 707 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Teresa Maria CAMPOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2000.

Attorney(s) appearing for the Case

Frank Murphy, III, San Diego, California, for the defendant-appellant.

Antonio Hernandez, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee, on the brief and Daniel E. Butcher, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee, at oral argument.

Before: WALLACE, PREGERSON and THOMAS, Circuit Judges.

Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge PREGERSON.

THOMAS, Circuit Judge:

This appeal presents the question of whether unstipulated polygraph evidence concerning the defendant's mental state is admissible under Federal Rule of Evidence 704(b) when it involves the ultimate issue of mens rea. We conclude that it is not and affirm the judgment of conviction.

I

Teresa Maria Campos entered the United States...

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