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U.S. v. KEARNS

Nos. 92-10426, 92-10436.

5 F.3d 1251 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Catherine KEARNS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. James R. KEARNS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1993.

Attorney(s) appearing for the Case

Matthew Heffron, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellant in case no. 92-10426.

Craig Mehrens, Phoenix, AZ, for defendant-appellee in case no. 92-10426.

Mary Kathryn Wisdom, Wisdom, Logan & McNulty, Phoenix, AZ, for defendant-appellant in case no. 92-10436.

Matthew Heffron, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee in case no. 92-10436.

Before REINHARDT, TROTT, and RYMER, Circuit Judges.

REINHARDT, Circuit Judge:

I. Background

In 1989 Sergio and Rosemary Teran were arrested for possession of marijuana with intent to distribute. Sergio's parole was revoked and he was sent back to a federal penitentiary. However, Rosemary agreed in writing to "work off" the charges by acting as an informant for the Glendale (Arizona) Police Department. In prison, Sergio met appellant James Kearns, who was serving a life-sentence. James...

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