Feds charge man with driving SUV in which 9 died

TUCSON, Ariz. (AP) -- A 33-year-old Mexican man smoked marijuana before getting behind the wheel of an SUV packed with suspected illegal immigrants that later crashed, killing nine people, federal authorities said.

Brian Guzman Ochoa, of Hermosillo, Mexico, was charged Tuesday with one count of knowingly transporting people who were in the United States illegally.

Guzman could not make an initial appearance Tuesday afternoon in Phoenix because he remains hospitalized. He has not been appointed a lawyer.

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The judge needs to take into account it was not tobacco products he smoked and the 19 people in the SUV made it a high people per MPG vehicle.