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GUAM v. GUERRERO

No. 00-71247.

290 F.3d 1210 (2002)

People of GUAM, Petitioner, v. Benny Toves GUERRERO, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2002.

Attorney(s) appearing for the Case

Tricia R.S. Ada, argued the cause for petitioner; Robert H. Kono, Angela M. Borzachillo, Office of the Guam Attorney General, Hagätña, Guam, were on the briefs.

Nelson Tebbe, ACLU Drug Litigation Project, New Haven, CT, argued the cause for respondent; Graham Boyd, ACLU Drug Policy Litigation Project, New Haven, CT, and Daniel N. Abrahamson, The Lindesmith Center, San Francisco, CA, were on the brief.

Julie M. Carpenter and Nory Miller, Jenner & Block, Washington, DC, were on the brief for amicus curiae The DKT Liberty Project, Dr. John P. Homiak, and Prof. Carole D. Yawney.

David T. Goldberg, New York, N-Y, was on the brief for amicus curiae Senator Vincente C. Pangelinan and Senator Mark C. Charaurous.

Before BEEZER, THOMPSON, and O'SCANNLAIN, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the Supreme Court of Guam may interpret the Territory of Guam's "Bill of Rights," which is a federal statute, to allow greater religious freedom than that provided by the First Amendment to the federal Constitution.

I

Police officers of the Territory of Guam arrested Benny Toves Guerrero1 at the Guam International Airport after they found five ounces...

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