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U.S. v. EWAIN

No. 95-50133.

78 F.3d 466 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Randy Lee EWAIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1996.

Attorney(s) appearing for the Case

Steven F. Hubachek, Cohen & Hubachek, San Diego, California, for defendant-appellant.

Steve Miller, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: HUG, Chief Judge, BEEZER and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This appeal raises issues involving search and seizure, and construction of a provision in the mail theft statute.

I. FACTS

Ewain, a former postal employee, came under suspicion by a postal inspector for mail theft and by a state narcotics detective for selling methamphetamine. Both lines of suspicion arose as a consequence of a fistfight Ewain had with his roommate. The roommate moved out and told a postal inspector...

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