OPINION
FRYE, District Judge:
The matter before the court is the remand of this case for further proceedings by order of the United States Court of Appeals for the Ninth Circuit.
FACTS
At approximately 2:00 a.m. on August 29, 1992, the Portland Police were called by a neighbor of the defendant, Brian David Hill. The neighbor told the police that he had heard the sound of gunshots coming from behind Hill's residence, and that he had observed...
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