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UNITED STATES v. MAX

No. 85-1096.

779 F.2d 1415 (1986)

UNITED STATES of America Plaintiff-Appellee, v. Pablo MAX, aka Richard Alik Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1986.

Attorney(s) appearing for the Case

Louis M. Fischer, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Michael R. Levine, Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Before BROWNING, Chief Judge, TANG, Circuit Judge, and WILLIAMS, District Judge.

PER CURIAM:

Appellant Pablo Max was arrested by federal agents upon arrival in Hawaii from Guam. Max was wanted in Guam by the Drug Enforcement Agency. An Assistant United States Attorney in Hawaii took Max before a magistrate, as required by Fed.R.Crim.P. 5, although the complaint against appellant had not yet been filed in Guam. The magistrate set bond, and continued the hearing to the next day. A complaint was filed in Guam after the close of business in Hawaii...

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