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U.S. v. DEVLIN

No. 93-30000.

13 F.3d 1361 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas James DEVLIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1994.

Attorney(s) appearing for the Case

Roderick K. Ermatinger, Attorneys, Inc., P.C., Missoula, MT, for defendant-appellant.

Robert J. Brooks, Asst. U.S. Atty., Butte, MT, for plaintiff-appellee.

Before: GOODWIN, HUG, Circuit Judges, and McKIBBEN, District Judge.

HUG, Circuit Judge:

Thomas James Devlin appeals his jury conviction and sentence for unlawful possession of firearms by a felon, 18 U.S.C. § 922(g)(1). He argues that the district court erred (1) in denying his request for a transcript of his suppression hearing, and (2) in imposing an indefinite sentence. We agree that the denial of the transcript violated Devlin's equal protection rights, and reverse and remand for a new trial. Because we reverse on this ground...

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