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UNITED STATES v. SHEPHARD

No. 92-30204.

21 F.3d 933 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Allen SHEPHARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1994.

As Amended April 21, 1994.

Attorney(s) appearing for the Case

Wendy Holton, Helena, MT, for defendant-appellant.

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

Before: CANBY, and REINHARDT, Circuit Judges, and TASHIMA, District Judge.

Opinion by Judge REINHARDT.

REINHARDT, Circuit Judge:

The issue in this case is whether Montana law enforcement officers who arrest probationers for violating the terms of their probation must do so in accordance with Mont. Code Ann. § 46-23-1012. We hold that they must, and reverse Shephard's conviction.1

I.

On July 7, 1989, an informant told Missoula County Sheriff Deputy Willis Hintz that Mark Allen Shephard...

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