The following excerpt is from U.S. v. Allen, 831 F.2d 1487 (9th Cir. 1987):
In United States v. McConney, 728 F.2d 1195 (9th Cir.) (en banc ), cert. denied 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), we described the three-step analysis undertaken by district courts for mixed questions of fact and law in constitutional cases.
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