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U.S. v. GUTIERREZ-FARIAS

No. 01-40633.

294 F.3d 657 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis GUTIERREZ-FARIAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 2002.

Attorney(s) appearing for the Case

Tony Ray Roberts (argued), James Lee Turner and George Stuart Tallichet, Asst. U.S. Attys., Houston, TX, Timothy G. Hammer, Asst. U.S. Atty., Victoria, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), Myrna G. Montemayor, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Jose Luis Gutierrez-Farias ("Gutierrez") appeals his conviction and sentence for conspiracy and possession with intent to distribute in excess of 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), & 846. We affirm.

Gutierrez arrived at a United States Border Patrol checkpoint driving a white pick-up truck pulling a farm tractor on a flat-bed trailer. In accordance with standard procedure...

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