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U.S. v. RAMIREZ

No. 11-50346.

714 F.3d 1134 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Ray RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2013.

Attorney(s) appearing for the Case

Devin Burstein (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Fred Sheppard (argued), Assistant United States Attorney, Laura E. Duffy , United States Attorney and Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, Office of the United States Attorney for the Southern District of California, San Diego, CA, for Plaintiff-Appellee.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

KOZINSKI, Chief Judge:

When may a judge instruct jurors not to speculate?

I. BACKGROUND

Michael Ramirez and his associate Andres Bejaran were the unwitting stars of a government sting. Four times in one month, an undercover agent purchased escalating amounts of meth from Ramirez, using Bejaran as a go-between. The buys followed a pattern: Bejaran directed the undercover to drive him to an inconspicuous location, took the money from...

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