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U.S. v. MATUS-LEVA

No. 01-50093.

311 F.3d 1214 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro MATUS-LEVA, Defendant Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2002.

Attorney(s) appearing for the Case

Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant Alejandro Matus-Leva.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), David P. Curnow, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America.

Before: KOZINSKI and GOULD, Circuit Judges, and CEBULL, District Judge.

OPINION

GOULD, Circuit Judge:

Matus-Leva entered a conditional plea of guilty for two counts of bringing in illegal aliens resulting in death, 8 U.S.C. §§ 1324(a)(1)(A)(i) and (a)(1)(B)(iv), and one count of bringing in illegal aliens for financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii). He was sentenced to sixty-three months imprisonment. He argues that the district court erred in failing to suppress...

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