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U.S. v. LIVESAY

No. 92-2514.

983 F.2d 135 (1993)

UNITED STATES of America, Appellee, v. Douglas LIVESAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Richard G. Cenci, Fresno, CA, argued, for appellant.

Thomas J. Wright, Asst. U.S. Atty., Sioux Falls, SD, argued, for appellee.

Before McMILLIAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In July, 1991, the United Parcel Service (UPS) office in Sioux Falls, South Dakota, received a package to be shipped to Doug Livesay in Fresno, California. On the outside of the box was imprinted "ORM," which stands for "other regulated [dangerous] material." Believing that the package might contain hazardous chemicals (which UPS is not permitted to ship), a UPS supervisor opened it...

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