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UNITED STATES v. BRYANT

Nos. 23957, 24105.

439 F.2d 642 (1971)

UNITED STATES of America v. Carlton E. BRYANT, Appellant. UNITED STATES of America v. William E. TURNER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1971.

Attorney(s) appearing for the Case

Mr. Nicholas A. Addams, Washington, D. C., for appellant in No. 23,957.

Mr. David Applestein, Washington, D. C. (appointed by this court), for appellant in No. 24,105.

Mr. Brian W. Shaughnessy, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT and McGOWAN, Circuit Judges, and JOHNSON, Chief Judge, United States District Court for the Middle District of Alabama.

J. SKELLY WRIGHT, Circuit Judge:

These cases point up an anomaly of our criminal process: controlled by rules of law protecting adversary rights and procedures at some stages, the process at other stages is thoroughly unstructured. Beside the carefully safeguarded fairness of the courtroom is a dark no-man's-land of unreviewed bureaucratic and discretionary decision making. Too often, what the process purports to secure in its formal stages can be subverted or diluted...

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