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U.S. v. BUDAY

No. CR 00-19-BU-DWM.

138 F.Supp.2d 1282 (2001)

UNITED STATES of America, Plaintiff, v. Mitch BUDAY, Defendant.

United States District Court, D. Montana, Butte Division.

April 11, 2001.

Attorney(s) appearing for the Case

W. Keith Goody, Attorney at Law, Jackson, WY, for Mitch Buday defendant.

Kris A. McLean, Office of the U.S. Attorney, Missoula, MT, for plaintiff.

ORDER

MOLLOY, Chief Judge.

I. Factual & Procedural Background

Fred Burr Creek wends its way through a small segment of southwestern Montana. "Creek" is a seasonal misnomer; during spring runoff, Fred Burr Creek thunders through its broad valley at a deafening roar. See Gov't Ex. 8 (videotape). The Creek is too wide to jump across, up to 20 or 30 feet wide in some locations, and approximately six inches to two or three feet deep, depending...

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