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U.S. v. TSAI

No. 00-10483.

282 F.3d 690 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Hsi Huei TSAI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2002.

Attorney(s) appearing for the Case

Robert Hartsock, J. Basil O'Mallan, III, Hagatna, GU, for the appellant.

Karon V. Johnson, Assistant United States Attorney, Frederick A. Black, United States Attorney, Hagatna, GU, for the appellee.

Before: THOMPSON, O'SCANNLAIN, and BERZON, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge BERZON

O'SCANNLAIN, Circuit Judge.

We must decide several issues under the Fourth Amendment and the alien smuggling statutes presented by a scheme to bring Chinese aliens into the United States via Guam and Hawaii for financial gain.

I

On October 19, 1999, an Immigration and Naturalization Service (INS) agent stationed at Guam International Airport stopped two passengers attempting to

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