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U.S. v. ROSALES-RODRIGUEZ

No. 00-50145.

289 F.3d 1106 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Simon ROSALES-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission deferred May 31, 2001.

Resubmitted May 1, 2002.

Filed May 8, 2002.

Attorney(s) appearing for the Case

Suzanne M. Lachelier, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, John N. Parmley, Assistant U.S. Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before KOZINSKI and TALLMAN, Circuit Judges, and WINMILL, District Judge.

OPINION

TALLMAN, Circuit Judge.

When Simon Rosales-Rodriguez was stopped while trying to cross the border into the United States from Mexico in September 1999, a customs inspector discovered 100 pounds of marijuana in a hidden compartment of his car. Rosales-Rodriguez was arrested and subsequently indicted on one count of importation under 21 U.S.C. §§ 952, 960 and one count of possession with intent to distribute under 21 U.S.C. § 841. The...

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