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U.S. v. NAVARRO-VARGAS

No. 02-50663.

367 F.3d 896 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Steve NAVARRO-VARGAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2004.

Attorney(s) appearing for the Case

Matthew C. Winter, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, U.S. Attorney, David W. Mitchell, Asst. U.S. Attorney, (on the brief), Patrick K. O'Toole, Asst. U.S. Atty. (oral argument), U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: BEEZER, KOZINSKI, Circuit Judges, and SCHWARZER, Senior District Judge.

BEEZER, Circuit Judge.

Steve Navarro-Vargas appeals his conviction, contending that the district court should have dismissed his indictment because: (1) the charge given by the district court to the grand jury denied his Fifth Amendment1 right to the unfettered judgment of the grand jurors by instructing them not to consider the wisdom of criminal laws and that they should not be concerned about the possible punishment in the event of...

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