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U.S. v. ROJAS-FLORES

No. 03-50252.

384 F.3d 775 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio ROJAS-FLORES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2004.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Erik M. Silber, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before T.G. NELSON, TASHIMA, and FISHER, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Rogelio Rojas-Flores ("Rojas") is an inmate at the federal penitentiary in Lompoc, California. Following a routine cell search, a correctional officer found sharpened steel objects concealed at Rojas' waist. Rojas was convicted under 18 U.S.C. § 1791 for possession of contraband in prison and received a 51-month sentence, to be served consecutively to the sentence he was already serving for a violation of 8 U.S.C. §...

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