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U.S. v. MALIK

No. 19-10166.

963 F.3d 1014 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Haseeb MALIK; Abdul Majid, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2020.

Attorney(s) appearing for the Case

Nancy M. Olson (argued) and Phillip N. Smith Jr. , Assistant United States Attorneys; Elizabeth O. White , Appellate Chief; Nicholas A. Trutanich , United States Attorney; United States Attorney's Office, Las Vegas, Nevada; for Plaintiff-Appellant.

Kate Berry (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Reno, Nevada; for Defendants-Appellees.

Before: J. Clifford Wallace and Ryan D. Nelson, Circuit Judges, and Frederic Block, District Judge.

OPINION

Nevada Highway Patrol Trooper Chris Garcia pulled over a tractor-trailer for speeding outside of Ely, Nevada. When he approached the tractor-trailer, Garcia smelled marijuana in the cab. The driver, Haseeb Malik, admitted he smoked a marijuana cigarette six to seven hours earlier...

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