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U.S. v. PINELA-HERNANDEZ

No. 00-50371.

262 F.3d 974 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto PINELA-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2001.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney; and Edward C. Weiner, Office of the United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: Procter HUG, Jr., Susan P. GRABER, and William A. Fletcher, Circuit Judges.

Argued and Submitted July 11, 2001 — Pasadena, California

OPINION

W. FLETCHER, Circuit Judge:

Alberto Pinela-Hernandez was convicted of conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 846, and of possession of marijuana with intent to distribute, and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. He was arrested after driving a car that was found...

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