The following excerpt is from U.S. v. Choate, 576 F.2d 165 (9th Cir. 1978):
Subsequent cases which did reach constitutional issues simply relied, without discussion, upon decisions in the earlier cases respecting alleged violations of statutes and regulations. Thus in Lustiger v. United States (9th Cir. 1967) 386 F.2d 132, 139, this
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