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U.S. v. MARTINEZ

No. 91-30096.

972 F.2d 1100 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Jose De Jesus Flores MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1992.

As Amended September 17, 1992.

Attorney(s) appearing for the Case

Nina Goodman, Asst. U.S. Atty., U.S., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Bryan E. Lessley, Asst. Federal Public Defender, Eugene, Or., for defendant-appellee.

Before: BROWNING, D.W. NELSON and CANBY, Circuit Judges.

CANBY, Circuit Judge.

This is an interlocutory appeal by the United States of an order suppressing a statement that defendant Jose Flores Martinez made to federal investigators. The central issue is whether Martinez's request for counsel in his state proceedings prohibited a subsequent interrogation by federal officials outside the presence of counsel after the state charges were dismissed. We conclude that the resolution of this question depends on the degree of...

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