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I. BACKGROUND

A. The Marijuana Importation and Distribution Scheme

In June 2006, the Department of Homeland Security, Immi- gration and Customs Enforcement (ICE) was investigating a marijuana importation and distribution organization. Under- cover federal agents arranged to rent a warehouse facility to an organization suspected of importing marijuana, while maintaining surveillance of the facility. Agents observed a trailer truck being driven into the warehouse. Then a man drove a series of different cars into and out of the warehouse. The trailer was then removed.

After monitoring the warehouse for approximately two weeks, the agents obtained a search warrant with approved delayed notification. Inside the warehouse, the agents found an insulated cargo container. Some insulation had been 7676 UNITED STATES v. TRAN removed from the walls of the container to make a space for contraband.

On June 27, 2006, a new trailer was brought into the ware- house. Agents followed the same man who had been observed earlier as he drove cars into and then out of the warehouse and over to the mall. Agents stopped each car after it departed from the mall. They found marijuana…