CERVANTES v. U.S.

No. 01-56929.

330 F.3d 1186 (2003)

Jose Aguado CERVANTES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted December 13, 2002.

Filed June 2, 2003.


Attorney(s) appearing for the Case

Stephen J. Estey, Estey & Bomberger, LLP, San Diego, CA, for the plaintiff-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when oral argument was heard and opinion was filed), Peter J. Sholl, Assistant United States Attorney (on the brief), Timothy C. Stutler, Assistant U.S. Attorney (at oral argument), San Diego, CA, for the defendant-appellee.

Before: BROWNING, KOZINSKI and WARDLAW, Circuit Judges.


OPINION

WARDLAW, Circuit Judge.

Although rare, on occasion, we see arguments that simply fail the straight-face test. The United States' assertion that the "detention of goods" exception to the sovereign immunity waiver under the Federal Tort Claims Act applies to its negligent failure to remove 119 pounds of marijuana hidden in a car it sold to Jose Aguado Cervantes, whom it later incarcerated for "transporting" those very drugs, is one. Although we agree...

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