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UNITED STATES v. KENNEDY

No. 80-1218.

618 F.2d 557 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Edward KENNEDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 8, 1980.

Attorney(s) appearing for the Case

Juanita R. Brooks, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Thomas M. Coffin, Asst. U.S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, ALARCON and NELSON, Circuit Judges.

PER CURIAM:

Defendant Kennedy brings this emergency appeal from the District Court's order denying him bail. He argues that the District Court improperly applied the provisions of 18 U.S.C. § 3148, which controls the granting of bail in cases in which the defendant "is charged with an offense punishable by death." Kennedy is charged with offenses that under existing statutory language are "punishable by death," but Kennedy points out that Furman v. Georgia...

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