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U.S. v. COTE

No. 93-30441.

51 F.3d 178 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Martin J. COTE; Patricia S. Caldwell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1995.

Order Amending Opinion and Denying Rehearing and Suggestion for Rehearing June 2, 1995.

Attorney(s) appearing for the Case

Loretta C. Argrett, Asst. Atty. Gen. and Karen Quesnel, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, Edward P. Davis, Jr., Pillsbury, Madison & Sutro, San Jose, CA, for defendants-appellees.

Before: PREGERSON and TROTT, Circuit Judges, and FITZGERALD, Senior District Judge.

Order Amending Opinion and Denying Rehearing and Suggestion for Rehearing En Banc June 2, 1995.

TROTT, Circuit Judge:

OVERVIEW

The United States appeals the district court's order denying its motion to set for retrial the cases of Patricia Caldwell and Martin Cote (collectively, the "defendants"), whose criminal convictions were reversed by decisions of this court. The district court concluded it lacked the...

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