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UNITED STATES v. CANANE

No. B-CR-85-95.

622 F.Supp. 279 (1985)

UNITED STATES of America, Appellant, v. John J. CANANE, Appellee.

United States District Court, W.D. North Carolina, Bryson City Division.

November 27, 1985.

Attorney(s) appearing for the Case

R. Phillip Haire, Sylva, N.C., for appellee John J. Canane.

Charles R. Brewer, U.S. Atty., W.D.N.C. (Asst. U.S. Atty. Jerry W. Miller), Asheville, N.C., for appellant U.S. of America.

MEMORANDUM OF OPINION AND ORDER

SENTELLE, District Judge.

THIS MATTER is before the Court on the appeal by the United States from the opinion of the Honorable J. Toliver Davis, United States Magistrate, entered on the 30th day of July, 1985. The facts found by the magistrate indicate that defendant was stopped by an officer of the Cherokee Indian Police Department at or about 3:35 a.m. on the morning of April 6, 1985 and given field sobriety tests by the...

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