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UNITED STATES v. MARTINEZ

No. 83-2184.

744 F.2d 76 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Franke Eugenio MARTINEZ, a/k/a Frank E. Martin, a/k/a Francisco Martinez, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 14, 1984.

Rehearing Denied October 11, 1984.

Attorney(s) appearing for the Case

Barry Rand Elden, Sp. Asst. U.S. Atty., Chicago, Ill. (Walter Jones, Jr., Sp. Asst. U.S. Atty., Chicago, Ill., and Robert N. Miller, U.S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellant.

Kenneth A. Padilla, and Walter L. Gerash, Gerash & Robinson, P.C., Denver, Colo., for defendant-appellee.

Before BRIGHT, McMILLIAN and ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

The United States appeals from the final order of the District Court for the District of Colorado dismissing, on the ground of destruction of evidence, an indictment against Franke Eugenio Martinez charging possession and mailing of explosives, and from the ruling of the district court excluding evidence of other crimes. This appeal is authorized by 18 U.S.C. § 3731 (1976). For the reasons discussed below, we reverse the order dismissing...

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