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U.S. v. O'NEAL

No. 89-10051.

910 F.2d 663 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Donnie Roy O'NEAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1990.

Attorney(s) appearing for the Case

Stephen Mensel, Asst. Federal Public Defender, Fresno, Cal., for defendant-appellant.

Lawrence Lincoln, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before WALLACE, ALARCON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

FACTS AND PROCEEDINGS

On November 30, 1987, police chased Donnie Roy O'Neal through the streets of Clovis, California. O'Neal abandoned his car in a pasture and fled on foot. When an officer ordered him to stop, O'Neal reached for his waistband and then extended his arm in the direction of the officer. O'Neal was later arrested. A gun holster was recovered from the site where O'Neal extended his arm. Government agents also recovered...

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