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U.S. v. CARUTO

No. 09-50309.

627 F.3d 759 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Elide T. CARUTO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2010.

Attorney(s) appearing for the Case

Timothy A. Scott , San Diego, CA, for defendant-appellant Elide Caruto.

George D. Hardy , Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.

Before: RICHARD R. CLIFTON and JAY S. BYBEE, Circuit Judges, and EDWARD R. KORMAN, District Judge.

OPINION

CLIFTON, Circuit Judge:

Elide Caruto was convicted of importation of cocaine and of possession of cocaine with intent to distribute. She appeals from the district court's denial of her motion to dismiss the indictment against her. She principally challenges four instructions given to the grand jury, claiming that each violated the Grand Jury Clause of the Fifth Amendment. We affirm.

I. Background

Caruto was charged by the government...

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