Justice MILLER delivered the opinion of the court:
One of the actions consolidated here, that involving defendant John Kimery, is before us on remand from the United States Supreme Court for further consideration in light of the Court's decision in United States v. Ursery, 518 U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996).
The facts pertinent to this appeal are set forth in our previous opinion in this case, In re P.S.,
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