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U.S. v. BERGESON

No. 04-35312.

425 F.3d 1221 (2005)

In re Grand Jury Subpoena to Nancy Bergeson, UNITED STATES of America, Plaintiff-Appellant, v. Nancy BERGESON, Defendant-Appellee. Michael David Casey, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 13, 2005.

Attorney(s) appearing for the Case

Stephan E. Oestreicher, Jr., Criminal Division, U.S. Department of Justice, Washington, D.C., for the appellant.

Steven T. Wax, Federal Public Defender, Portland, OR, for the appellee.

Marc D. Blackman, Ransom Blackman, LLP, Portland, OR, for the intervenor-appellee.

Before: FERGUSON, TROTT, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case concerns a prosecutor's subpoena of a criminal defense lawyer to testify against her client before a grand jury.

Facts.

Assistant Federal Public Defender Nancy Bergeson finds herself in the odd position of appellee in this case. Her client, Michael Casey, an intervenor-appellee in this case, was indicted on drug charges involving the distribution of Ecstasy. The government subpoenaed Ms. Bergeson to testify against...

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