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U.S. v. LOZANO

No. 09-30151.

623 F.3d 1055 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Robert LOZANO, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2010.

Attorney(s) appearing for the Case

Robert John , Fairbanks, AK, argued the cause and filed the briefs for defendant-appellant Robert Lozano, Sr.

Craig M. Warner , Assistant United States Attorney, Anchorage, AK, argued the cause for plaintiff-appellee United States. Jo Ann Farrington , Assistant United States Attorney, Anchorage, AK, filed the brief. Karen L. Loeffler , United States Attorney, Anchorage, AK, also was on the brief.

PER CURIAM Opinion; Concurrence by Judge O'SCANNLAIN.

OPINION

PER CURIAM:

We must decide, among other issues, whether the admission of marijuana evidence, found in a mailed package delayed twenty-two hours in delivery due to the remoteness of the site from canine investigation, violates the Fourth Amendment.

I

A

1

In the spring of 2007, Robert Lozano, Sr., shared a residence in Barrow, Alaska, with his son, who was on state probation. Based on suspicion that Lozano's son...

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