United States v. Jose Luis Soria-Garcia

McWILLIAMS, Circuit Judge.

In a two-count indictment Jose Luis So-ria-Garcia (Soria) was charged in the first count with unlawfully importing less than fifty kilograms of marijuana, a Schedule I controlled substance, into the United States of America from the Republic of Mexico, in violation of 21 U.S.C. § 952(a) and 21 U.S.C. § 960(a)(1) and (b)(4). In the second count, Soria was charged with unlawfully possessing with an intent to distribute less than fifty kilograms of marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(D).

Prior to…