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U.S. v. CAROTHERS

No. 10-50191.

630 F.3d 959 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. John Wilhelm CAROTHERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2011.

Attorney(s) appearing for the Case

André Birotte Jr. , United States Attorney, Christine C. Ewell , Assistant United States Attorney, and Daniel B. Levin (argued), Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Sean K. Kennedy , Federal Public Defender, and James H. Locklin (argued), Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and LYLE E. STROM, District Judge.

OPINION

FISHER, Circuit Judge:

John Wilhelm Carothers was charged with possession of methamphetamine with intent to distribute. Although Carothers essentially conceded at trial that he possessed methamphetamine at the time he was arrested, he insisted that he had no intent to distribute it. Perhaps because of Carothers' concession, his trial centered on the contested element of the charged offense— the intent to distribute.

At Carothers' request...

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