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UNITED STATES v. MARTINSON

No. 85-3066.

809 F.2d 1364 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Leroy MARTINSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1987.

As Amended on Denial of Rehearing February 27, 1987.

Attorney(s) appearing for the Case

Hollis K. McMilan, Chief Deputy Federal Public Defender, Stephen R. Sady, Asst. Federal Public Defender, Portland, Or., for defendant-appellant.

Thomas M. Coffin, Asst. U.S. Atty., Eugene, Or., for plaintiff-appellee.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

This case involves conduct by the government that we believe justifies our criticism. Accordingly, we report the relevant facts in considerable detail.

James Leroy Martinson is apparently a gunsmith and a gun collector. In January, 1984, he and a friend were driving from Springfield, Oregon, to attend a gun show in Grants Pass, Oregon. The truck in which they were driving was pulling a trailer. Martinson, who was driving, stopped the...

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