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U.S. v. HITCHCOCK

No. 00-10251.

286 F.3d 1064 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Steven HITCHCOCK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 21, 2001.

Resubmitted August 23, 2001.

Opinion Withdrawn September 26, 2001.

Amended Opinion Filed March 21, 2002.

Attorney(s) appearing for the Case

Sarah Courageous, Honolulu, HI, for the defendant-appellant.

Loretta Sheehan, Assistant U.S. Attorney, Honolulu, HI, for the plaintiff-appellee.

Before B. FLETCHER, CANBY and PAEZ, Circuit Judges.

OPINION

BETTY B. FLETCHER, Circuit Judge.

We must decide whether military participation in a civilian criminal investigation violated the Posse Comitatus Act or 10 U.S.C. § 375. Because we conclude that the military's participation falls under the "independent military purpose" exception, we affirm the district court's order denying Hitchcock's motion to dismiss the charges against him or to suppress all evidence because of a violation of the Posse...

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