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UNITED STATES v. DE DIEGO

No. 74-1769.

511 F.2d 818 (1975)

UNITED STATES of America, Appellant, v. Felipe DE DIEGO.

United States Court of Appeals, District of Columbia Circuit.

April 16, 1975.

Attorney(s) appearing for the Case

Henry S. Ruth, Jr., Sp. Prosecutor, Watergate Special Prosecution Force, Peter M. Kreindler, Counsel to the Sp. Prosecutor, and Kenneth S. Geller, Asst. Sp. Prosecutor, were on the brief for appellant.

William Bradford Reynolds, Washington, D. C., filed a brief as amicus curiae appointed by this court.

Before RIVES, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

Opinion for the court filed by Senior Circuit Judge RIVES.

Dissenting opinion filed by Circuit Judge McGOWAN.

RIVES, Senior Circuit Judge:

On March 7, 1974, a grand jury presented an indictment to the United States District Court for the District of Columbia which charged Felipe De Diego, five co-defendants, and three persons named as co-conspirators but not as defendants with the crime of conspiracy in violation of 18 U.S.C. § 241 (1970).

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