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U.S. v. PALAFOX-MAZON

No. 99-10026.

198 F.3d 1182 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Miguel PALAFOX-MAZON; Carlos Gamboa-Miranda; Ramon Garcia-Montijo, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2000.

Attorney(s) appearing for the Case

Amy B. Krauss, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellant.

Thomas G. Hippert, for the defendants-appellees (argument), Arthur J. Hutton, for Gamboa-Miranda (brief), and Enrique Gonzales, for Palafox-Mazon (brief).

Before: PREGERSON and WIGGINS, Circuit Judges, and CARTER, District Judge.

PREGERSON, Circuit Judge:

Defendants/Appellees Juan Miguel Palafox-Mazon, Carlos Gamboa-Miranda, and Ramon Garcia-Montijo backpacked into the United States carrying approximately 47 pounds of marijuana each and were arrested in Arizona by the U.S. Border Patrol. After the government dismissed the conspiracy charge against them, each Defendant pleaded guilty to one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1)....

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