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U.S. v. OCHOA-ZARATE

No. 06-3815.

540 F.3d 613 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin OCHOA-ZARATE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2008.

Attorney(s) appearing for the Case

Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Mark Maciolek (argued), Madison, WI, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

In the fall of 2004, Benjamin Ochoa-Zarate left California on an ill-fated cross-country drive with $1 million worth of methamphetamine concealed in a spare tire. A jury believed he knew the drugs were there and convicted him of conspiring to distribute the drugs. Ochoa-Zarate maintains that two events during his trial warrant a new trial. First, during his rebuttal closing argument, the prosecutor...

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