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CALDWELL v. CUPP

No. 85-3748.

781 F.2d 714 (1986)

David Henry CALDWELL, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1986.

Attorney(s) appearing for the Case

Marianne D. Bachers, Asst. Fed. Public Defender, Eugene, Or., for petitioner-appellant.

James E. Mountain, Jeff Bennett, Dept. of Justice, Salem, Or., for respondent-appellee.

Before TANG and FARRIS, Circuit Judges, and KELLEHER, District Judge.

OPINION

TANG, Circuit Judge.

This appeal is from the denial of a habeas corpus petition in which Caldwell claims he was unlawfully arrested and searched in violation of the fourth amendment. The sole issue for our consideration is whether the failure of the district court to articulate the facts and reasoning for its decision denied Caldwell a full and fair hearing.

FACTS

Before his state court trial, appellant moved to suppress the introduction...

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