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U.S. v. STARK

No. 06-1853.

499 F.3d 72 (2007)

UNITED STATES of America, Appellee, v. Sean STARK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 16, 2007.

Attorney(s) appearing for the Case

Melvin Norris, with whom Richard J. Farrell, Jr., was on brief for appellant.

Michael J. Burstein, Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Jennifer Hay Zacks, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and FUSTÉ, District Judge.

FUSTÉ, District Judge.

Sean Stark appeals his conviction and sentence for conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846 (2007). For the reasons stated below, we affirm the judgment of the district court.

I.

Background

At approximately 12:30 p.m. on October 22, 2003, while driving from Arizona to Massachusetts in an RV, Stark and a companion, Christopher Sugar,

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