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U.S. v. DONAGHE

No. 93-30058.

50 F.3d 608 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel William DONAGHE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1994.

As amended on Denial of Rehearing January 31, 1995.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Seattle, WA, for defendant-appellant.

Sean Connelly, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges.

ORDER

The Order and Amended Opinion filed at slip op. 877 dated January 20, 1995 is hereby WITHDRAWN.

The opinion filed at slip op. 11803 dated September 30, 1994 is amended as follows: [Editor's Note: Amendments have been incorporated for purposes of publication]

With the changes indicated above, the petition for rehearing is DENIED.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the district court based its...

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