Opinion by Judge HARLINGTON, Jr.; Dissent by Jhdge KLEINFELD. WOOD, Circuit Judge: In June 1999 the grand jury returned an indictment charging defendant-appellant Miguel Alvarez-Valenzuela (“Alvarez”) and two co-defendants with conspiracy to import marijuana; importation of marijuana; conspiracy to possess marijuana with intent to distribute; and use, carrying, or possession of a gun in relation to a drug…
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