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U.S. v. VARGAS

No. 08-40704.

580 F.3d 274 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos VARGAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 2009.

Attorney(s) appearing for the Case

Mark Michael Dowd (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender and Molly E. Odom (argued), Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

At 11:15 p.m. on December 2, 2007 defendant Juan Carlos Vargas drove a tractor trailer into the United States Border Patrol Checkpoint in Sarita, Texas. Vargas owned the tractor, which he leased to his employer, P&M Trucking. Enrique Garza owned the trailer. Border patrol agents opened the trailer and found 1,426 pounds of marijuana buried under bales of used clothing. Vargas was convicted of possession with intent to distribute...

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