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U.S. v. HERRERA-RIVERA

No. 15-50141.

832 F.3d 1166 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos HERRERA-RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2016.

Attorney(s) appearing for the Case

Thomas P. Matthews , Law Office of Thomas P. Matthews, San Diego, California, for Defendant-Appellant.

D. Benjamin Holley , Assistant United States Attorney; Peter Ko , Assistant United States Attorney, Chief, Appellate Section, Criminal Division; Laura E. Duffy , United States Attorney; Office of the United States Attorney, San Diego, California; for Plaintiff-Appellee.

Partial Concurrence and Partial Dissent by Judge Graber

OPINION

Carlos Herrera-Rivera appeals his jury trial conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and the 120-month sentence imposed by the district court. Herrera-Rivera contends that the district court erred by denying his request for an...

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