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U.S. v. MARTINEZ

No. 99-50659.

232 F.3d 728 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. David MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2000.

Attorney(s) appearing for the Case

Shereen J. Charlick, Federal Defenders of San Diego, Inc., for defendant-appellant David Martinez.

Gregory A. Vega, United States Attorney, Southern District of California, Bruce R. Castetter, Chief, Appellate Section, and Cynthia Bashant, Assistant United States Attorney, San Diego, California, for appellee the United States of America.

Before: ROBERT BOOCHEVER, STEPHEN S. TROTT, MARSHA S. BERZON, Circuit Judges.

Argued and Submitted August 10, 2000 — Pasadena, California.

BERZON, Circuit Judge:

David Martinez appeals his sentence following conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Martinez argues that the Government failed to prove both that he imported more than fifty kilograms of marijuana and that he had the two predicate "controlled substance" convictions that would make him a "career offender" under the...

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