Court of Appeals for the Ninth Circuit August 15, 1989, 88-4262 (Norman Elmer Miller v. J.C. Keeney, Superintendent)

KOZINSKI, Circuit Judge:

On a bright warm spring Wednesday morning in downtown Portland, Oregon, nearly a decade ago, Lownsdale Park was crowded with people out walking or sitting on benches. One of the more active was Norman Elmer Miller, who had left his car near the park and was seen by the police leaving a telephone booth and walking quickly through the park in a dark overcoat and sunglasses.