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U.S. v. BORIA

No. 08-2550.

592 F.3d 476 (2010)

UNITED STATES of America, Appellant, v. Ruben BORIA.

United States Court of Appeals, Third Circuit.

Filed January 26, 2010.

Attorney(s) appearing for the Case

Robert A. Zauzmer, Esq. [ARGUED], Karen S. Marston, Esq., Office of United States Attorney, Philadelphia, PA, for Appellant.

Anthony J. Petrone, Esq. [ARGUED], Cogan, Petrone & Associates, Philadelphia, PA, for Appellee.

Before: FISHER, HARDIMAN, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

The United States appeals the District Court's judgment of acquittal for Appellee-Defendant Ruben Boria ("Boria"). For the following reasons, this Court will reverse the judgment of acquittal and remand the matter to the District Court for further proceedings.

I.

On February 5, 2007, Marcus Diaz ("Diaz") arrived in Philadelphia, Pennsylvania driving a tractor-trailer which contained one...

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