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U.S. v. HARDEMAN

No. 97-10516.

249 F.3d 826 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Lee HARDEMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed March 21, 2000.

Order Amending Opinion Filed May 3, 2001.

Attorney(s) appearing for the Case

David J. Cohen, Cohen & Paik, San Francisco, California, for the defendant-appellant.

Robert T. Swanson, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, JOHN T. NOONAN, and A. WALLACE TASHIMA, Circuit Judges.

Argued and Submitted February 15, 2000 — San Francisco, California.

PER CURIAM Opinion; Dissent by Judge NOONAN.

ORDER

A majority of the panel has voted to deny the petition for panel rehearing filed on behalf of the United States.

Our colleague Judge Noonan would grant the petition for rehearing on the ground that the speedy trial clock began to run anew for Hardeman on the date that one of his co-defendants was arraigned, which was...

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