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U.S. v. CRUZ

No. 03-10151.

358 F.3d 623 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Demapan DELA CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2004.

Attorney(s) appearing for the Case

Joseph E. Horey, O'Connor, Berman, Dotts & Banes, Susupe, Saipan, CNMI, for the defendant-appellant.

John J. Rice, Assistant U.S. Attorney, Branch Chief, District of NMI, Saipan, MP, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, D.W. NELSON, and RYMER, Circuit Judges.

Argued and Submitted December 2, 2003 — San Francisco, California.

Opinion by Chief Judge Schroeder.

OPINION

SCHROEDER, Chief Judge.

Francisco Dela Cruz, a resident of the Commonwealth of the Northern Mariana Islands ("CNMI"), was indicted by a federal grand jury on two counts of making telephonic bomb threats in violation of 18 U.S.C. § 844(e). The charges stemmed from two incidents in which Dela Cruz made calls from his office...

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