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U.S. v. METT

No. 94-10503.

65 F.3d 1531 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William D. METT; Marvin L. Wiseman; Center Art Galleries—Hawaii, Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

David A. Katz, Katz & Associates, Los Angeles, CA, for defendant-appellant William D. Mett.

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, CA, for defendant-appellant Marvin L. Wiseman.

Marc J. Zilversmit, San Francisco, CA, for defendant-appellant Marvin L. Wiseman.

Elton John Bain, Kessner, Duca, Umebayashi, Bain & Matsunaga, Honolulu, HI, for defendant-appellant Center Art Galleries.

Leslie E. Osborne, Jr., Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee United States of America.

Ephraim Margolin, San Francisco, CA, for amicus curiae National Association of Criminal Defense Lawyers.

John T. Philipsborn, San Francisco, CA, for amicus curiae California Attorneys for Criminal Justice.

Before: POOLE and KLEINFELD, Circuit Judges, and GONZALEZ, District Judge.

Opinion by Judge GONZALEZ; Concurrence by Judge KLEINFELD.

GONZALEZ, District Judge:

On February 1, 1989, Honolulu police arrested Assistant United States Attorney Leslie E. Osborne Jr. for drunk driving. Two days later, he hired solo practitioner Benjamin B. Cassiday III to represent him in connection with that charge. Sometime later in February, petitioner Center Art Galleries — Hawaii Inc. ("Center Art"), whom Osborne was prosecuting, asked Cassiday...

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