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STATE OF ARIZ. v. ELMER

No. 93-10116.

21 F.3d 331 (1994)

STATE OF ARIZONA, Plaintiff-Appellant, v. Michael Andrew ELMER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1994.

Attorney(s) appearing for the Case

Jessie Smith, Tucson, AZ, for plaintiff-appellant.

Michael Piccarreta, argued, Jefferson Keenan, on brief, Hirsch, Davis, Walker & Piccarreta, Tucson, AZ, for defendant-appellee.

Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges.

TROTT, Circuit Judge:

This pretrial appeal arises out of an alleged shooting near Nogales, Arizona. The State of Arizona has charged former United States Border Patrol Agent Michael Elmer with ten counts of aggravated assault for allegedly shooting at 20 to 30 aliens who, on March 18, 1992, had crossed the Mexican border into the United States. Prior to trial, the State gave notice it intended to introduce evidence that Agent...

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