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U.S. v. CHAVEZ-VALENZUELA

No. 00-50075.

279 F.3d 1062 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Trinidad CHAVEZ-VALENZUELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2001.

Amended February 8, 2002.

Attorney(s) appearing for the Case

Michael Ian Garey, Santa Ana, California, for the defendant-appellant.

Jason A. Forge, Assistant United States Attorney, Organized Crime Strike Force Section, Los Angeles, California, for the plaintiff-appellee.

Before TASHIMA and FISHER, Circuit Judges, and ZILLY, District Judge.

ORDER

The opinion filed October 15, 2001, is amended as follows:

At slip op. 14532, lines 31-32, replace "more than seven minutes and" with "some time, including the seven minute period when he was."

At slip op. 14539, line 5, insert footnote 7 after "... search."

7 Had the detention and questioning of Chavez-Valenzuela not exceeded the proper scope of the initial stop, the voluntariness of his consent to search his car would be properly...

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