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U.S. v. KAPLANSKY

No. 92-3744.

42 F.3d 320 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Paul KAPLANSKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 2, 1994.

Attorney(s) appearing for the Case

Nancy A. Vecchiarelli, Asst. U.S. Atty. (briefed), Cleveland, OH, Sean Connelly (argued and briefed), U.S. Dept. of Justice, Criminal Div., Washington, DC, for plaintiff-appellee.

Gerald S. Gold, Orville E. Stifel, II (argued and briefed), Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, for defendant-appellant.

Before: MERRITT, Chief Judge, and KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which KEITH, JONES, MILBURN, GUY, BOGGS, NORRIS, SILER, BATCHELDER, and DAUGHTREY, JJ., joined. NELSON, J. (p. 328), delivered a separate concurring opinion in which KENNEDY and RYAN, JJ., joined. MERRITT, C.J. (pp. 328-30), delivered a separate dissenting opinion, in which MARTIN, J., joined, with MARTIN, J. (pp. 330-31), also delivering a separate dissenting opinion.

SUHRHEINRICH, Circuit Judge.

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