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PEOPLE OF THE TERRITORY OF GUAM v. OKADA

No. 80-1233.

694 F.2d 565 (1982)

PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellant, v. Concepcion OKADA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Originally Filed April 19, 1981.

Withdrawn July 15, 1981.

Decided December 9, 1982.

Attorney(s) appearing for the Case

R. Barrie Michelson, Acting Criminal Deputy, Agana, Guam, for plaintiff-appellant.

Howard Trapp, Trapp, Cayle, Teker, Lacy, Yamaoka & Schnabel, Agana, Guam, for defendant-appellee.

Before SKOPIL, FLETCHER and PREGERSON, Circuit Judges.

FLETCHER, Circuit Judge:

Concepcion Okada was convicted in the Superior Court of Guam on charges of delivering heroin. The Appellate Division of the District Court of Guam (District Court) reversed the conviction and dismissed the indictment, holding that the Government's failure to preserve certain discoverable evidence violated Okada's due process rights. The People of the Territory of Guam brought this appeal. Okada moved to dismiss, on the ground that Guam lacks...

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