Court of Appeals for the Ninth Circuit August 13, 2003, No. 02-50550; D.C. No. CR-02-00740-TJW (United States v. Rodriguez)

MEMORANDUM ***

Appellant Patricia Rodriguez challenges the district court’s denial of her motion to dismiss the indictment against her, arguing that the grand jury instructions improperly limited the scope of the grand jury’s inquiry in violation of the Fifth Amendment. Appellant’s claim is foreclosed by this Court’s decision in United States v. Marcucci, 299 F.3d 1156, 1159-60 *759(9th Cir.