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UNITED STATES v. RANDAZZO

No. 28699.

457 F.2d 1058 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph RANDAZZO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 1972.

Attorney(s) appearing for the Case

Bernard Morris Stoller, Dallas, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Edward B. McDonough, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee; William B. Butler, Special Asst. to the Commissioner of Customs, of counsel.

Before JOHN R. BROWN, Chief Judge, and JONES, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM, and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

The Court en banc, having heard additional oral argument and considered additional briefs, withdraws the opinion of the original panel of this Court and substitutes therefor this opinion.

Appellant Joseph Randazzo is currently, and has been since July 1962, incarcerated in a New York state prison serving a sentence for a murder conviction. In October 1963, he was called before a federal grand jury by a writ of habeas corpus ad testificandum...

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