Bahamonde

BACKGROUND

In the Southern District of California, a grand jury indicted Bahamonde for knowingly importing marijuana and posses- sion of marijuana with intent to distribute. 21 U.S.C. §§ 841(a)(1), 952, 960. A jury convicted him of both counts. 1 Bahamonde also contends that the indictment must be dismissed because of improper instructions to the grand jury, but this challenge is foreclosed by our recent decision in United States v. Navarro-Vargas, 408 F.3d 1184 (9th Cir.) (en banc), cert. denied, 126 S. Ct. 736 (2005). Our disposition of this appeal makes it unnecessary for us to address Baha- monde’s other contentions. 4600 UNITED STATES v. BAHAMONDE The district court sentenced him to twenty-seven months in prison on each count, to run concurrently, followed by three years of supervised release.

Bahamonde was convicted because, four hours after driving from California into Tijuana, Mexico, he attempted to drive back into the United States carrying twenty-seven kilograms of marijuana hidden in his car. Customs and Border Protec- tion Officers stopped Bahamonde’s car and searched it because Bahamonde appeared nervous at the port of entry. The case agent, Don Rodmel,…