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U.S. v. PLANCARTE-ALVAREZ

Nos. 03-50062, 03-50121.

366 F.3d 1058 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Alvaro PLANCARTE-ALVAREZ, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Alvaro Plancarte-Alvarez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted May 11, 2004.

Filed May 11, 2004.

Attorney(s) appearing for the Case

Benjamin L. Coleman and Gerald Singleton, San Diego, CA, for the defendant-appellant/cross-appellee.

Carol C. Lam, United States Attorney, David P. Curnow, U.S. Attorney (on the brief), Stephen R. Cook, Assistant U.S. Attorney (at oral argument), U.S. Attorney's Office, Criminal Division, San Diego, CA, for the plaintiff-appellee/cross-appellant.

Before: BROWNING, THOMPSON, and WARDLAW, Circuit Judges.

DAVID R. THOMPSON, Senior Circuit Judge:

A jury convicted Alvaro Plancarte-Alvarez of importing marijuana in violation of 21 U.S.C. §§ 952 and 960, and possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The convictions were grounded in events that occurred on May 28, 2002. Plancarte-Alvarez challenges the convictions, contending that the district court erroneously admitted evidence regarding a prior marijuana smuggling...

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