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U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever)

In its ruling the Court relied on its previous holding in U.S. v. Murphy, 65 F.3d 758, 762 (9th Cir. 1995) that "the government cannot refuse to file such a motion on the basis of an inconstitutional motive . . . or arbitrarily (I.e., for reasons that are not rationally ...

 

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