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U.S. v. MENDEZ-LOPEZ

No. 02-2119.

338 F.3d 1153 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel MENDEZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 8, 2003.

Attorney(s) appearing for the Case

Norman Cairns, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Howard A. Pincus, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellant.

Before EBEL, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Defendant Gabriel Mendez-Lopez was charged with possession with intent to distribute at least fifty kilograms of marijuana that he had allegedly secreted in the gas tank of a vehicle, in violation of 21 U.S.C. § 841(b)(1)(C). After a jury trial, Mendez-Lopez was convicted and sentenced to 46 months' imprisonment. Mendez-Lopez appeals his conviction, arguing that he was deprived of his Article III right to a federal...

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