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U.S. v. MONTANO

No. 00-50255.

250 F.3d 709 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gumesindo MONTANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2001.

Attorney(s) appearing for the Case

Inge Brauer, San Diego, California, for the defendant-appellant.

Melanie K. Pierson, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges, and THOMAS S. ZILLY, District Judge.

Argued and Submitted February 16, 2001 — Pasadena, California

TASHIMA, Circuit Judge:

Gumesindo Montano appeals the sentence imposed by the district court following his guilty plea to one count of a conspiracy to smuggle merchandise and introduce unapproved drugs into interstate commerce, in violation of 18 U.S.C. §§ 371 and 545, and 21 U.S.C. §§ 331(d) and 333(a)(2). The district court sentenced Montano to 21 months' imprisonment...

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