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U.S. v. GARCIA

No. 04-50105.

400 F.3d 816 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Odilon GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2005.

Attorney(s) appearing for the Case

Todd W. Burns and Ramzi G. Nasser, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Joseph H. Huynh, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before GOODWIN, FRANK J. MAGILL, and RYMER, Circuit Judges.

RYMER, Circuit Judge.

We must decide whether aiding and abetting under 18 U.S.C. § 2 is a separate offense from, or a different theory of liability for, the substantive offenses of alien smuggling and transportation of aliens in violation of 8 U.S.C. § 1324.

Odilon Garcia appeals his conviction on four counts of alien smuggling and transportation that also charged him with aiding and abetting. He maintains that the indictment was duplicitous because...

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