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U.S. v. FERNANDEZ-ALFONSO

No. 86-1331.

816 F.2d 477 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Raul FERNANDEZ-ALFONSO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1987.

Attorney(s) appearing for the Case

Thomas Green, Las Vegas, Nev., for plaintiff-appellee.

Kevin M. Kelly, Las Vegas, Nev., for defendant-appellant.

Before FLETCHER, WIGGINS and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

I concur in the result reached by the majority; however, I cannot agree with its analysis in the remedy section. I do not feel that the majority adequately deals with the district court's finding that no conditions could be fashioned to assure Fernandez-Alfonso's appearance. If this finding was proper, then it is inappropriate to require the district court to consider release conditions as it has already found that no conditions can be fashioned...

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