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UNITED STATES v. STANERT

No. 84-5128.

769 F.2d 1410 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Mills STANERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 28, 1985.

Attorney(s) appearing for the Case

Roger W. Haines, Jr., Maria T. Arroryo-Tabin, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Craig E. Weinerman, San Diego, Cal., for defendant-appellant.

Before GOODWIN, POOLE, and BOOCHEVER, Circuit Judges.

ORDER

The opinion in this case, which was filed June 5, 1985, 762 F.2d 775, is amended by adding a footnote 1 at the end of the third full paragraph in Part III, at p. 780, beginning, "In his motion for an evidentiary hearing before the district judge...." Footnote 1 shall read:

The question whether a defendant has made a sufficient preliminary showing to entitle him to a Franks [v. Delaware,

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