Caruto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50041 Plaintiff-Appellee, D.C. No. v.  CR-06-00281-

ELIDE T. CARUTO, WQH-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted February 5, 2008—Pasadena, California

Filed May 12, 2008

Before: Susan P. Graber and Marsha S. Berzon, Circuit Judges, and Claudia Wilken,* District Judge.

Opinion by Judge Wilken

*The Honorable Claudia Wilken, United States District Judge for the Northern District of California, sitting by designation.

5223 5226 UNITED STATES v. CARUTO

COUNSEL

Timothy A. Scott, San Diego, California, for the defendant- appellant.

Lawrence A. Casper and Neville S. Hedley, Assistant United States Attorneys, San Diego, California, for the plaintiff- appellee.

OPINION

WILKEN, District Judge:

Elide Caruto was convicted of one count of importation of cocaine in violation of 21 U.S.C. §§ 952 and 960 and one count…