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U.S. v. CORTES

No. 12-50137.

732 F.3d 1078 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge CORTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2013.

Attorney(s) appearing for the Case

Gary P. Burcham (argued), Burcham & Zugman, San Diego, CA, for Defendant-Appellant.

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

Before: SIDNEY R. THOMAS, BARRY G. SILVERMAN, and RAYMOND C. FISHER, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

Defendant-Appellant Jorge Cortes was arrested in an undercover reverse sting operation executed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF agents fabricated a scheme to steal 100 kilograms of cocaine from a stash house and arrested the conspirators before the home invasion occurred. Cortes was ultimately convicted of conspiracy to possess with intent to distribute 5 kilograms or more of cocaine in violation...

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