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U.S. v. BARBOSA

No. 00-1205.

271 F.3d 438 (2001)

UNITED STATES of America, v. Luis Humberto BARBOSA, Appellant.

United States Court of Appeals, Third Circuit.

November 6, 2001.

Attorney(s) appearing for the Case

James Kousouros (argued) Law Office of James Kousouros, Kew Gardens, NY, Attorney for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals Judy Goldstein Smith (argued), Assistant United States Attorney, Philadelphia, PA, Attorneys for Appellee.

Before: BECKER, Chief Judge, NYGAARD and FUENTES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In July 1998, the Drug Enforcement Agency ("DEA") arrested defendant Luis Humberto Barbosa for importing into this country 882 grams of cellophane-wrapped pellets of heroin, which he had swallowed while in Aruba and subsequently expelled in a hotel room in Philadelphia, Pennsylvania. Following the arrest, Barbosa was charged in a complaint with possession with intent to distribute heroin. Upon further investigation...

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