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U.S. v. CORTEZ-ROCHA

No. 03-50491.

383 F.3d 1093 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Julio CORTEZ-ROCHA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 2004.

Attorney(s) appearing for the Case

Ellis M. Johnston III, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United State Attorney, Patrick K. O'Toole (at oral argument and on brief), Joseph S. Smith, Jr., (on brief), Assistant United States Attorneys, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: TROTT, RYMER, and THOMAS, Circuit Judges.

TROTT, Circuit Judge:

Julio Cortez-Rocha appeals from his conviction following a conditional guilty plea for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. He asserts that the district court should have suppressed the marijuana discovered during a border search of his vehicle because the invasive search of his vehicle's spare tire was obtained pursuant to an invalid border search. We hold that the border search of Cortez-Rocha's tire...

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