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UNITED STATES v. CHAMBERLIN

No. 79-1076.

644 F.2d 1262 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Hozie CHAMBERLIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1980.

Attorney(s) appearing for the Case

Judy C. Clarke, San Diego, Cal., for defendant-appellant.

Michael H. Walsh, U. S. Atty., David C. Doyle, Asst. U. S. Atty., San Diego, Cal., (argued), for plaintiff-appellee; David C. Doyle, Asst. U. S. Atty., San Diego, Cal., on brief.

Before CHOY, ANDERSON and HUG, Circuit Judges.

HUG, Circuit Judge:

The opinion of December 26, 1979 is hereby withdrawn and the following opinion is substituted. Hozie Chamberlin appeals from a conviction of possession of a check stolen from the mail in violation of 18 U.S.C. § 1708. The principal question on this appeal is whether the detention of the appellant following an investigatory stop resulted in a seizure amounting to an unlawful arrest, requiring suppression of the evidence derived from that detention...

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