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UNITED STATES v. FLORES-MONTANO

No. 02-1794.

541 U.S. 149 (2004)

UNITED STATES v. FLORES-MONTANO

Supreme Court of United States.

Decided March 30, 2004.

Attorney(s) appearing for the Case

Lisa S. Blatt argued the cause for the United States. With her on the briefs were Solicitor General Olson, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, Daniel S. Goodman, and Alfonso Robles.

Steven F. Hubachek, by appointment of the Court, 540 U.S. 1043, argued the cause for respondent. With him on the brief were Vincent J. Brunkow and John C. Lemon.*

REHNQUIST, C. J., delivered the opinion for a unanimous Court. BREYER, J., filed a concurring opinion, p. 156.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Customs officials seized 37 kilograms — a little more than 81 pounds — of marijuana from respondent Manuel Flores-Montano's gas tank at the international border. The Court of Appeals for the Ninth Circuit, relying on an earlier decision by a divided panel of that court, United States v. Molina-Tarazon, 279 F.3d 709 (2002), held that the Fourth...

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