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UNITED STATES v. DUARDI

No. 75-1354.

529 F.2d 123 (1975)

UNITED STATES of America, Appellant, v. James S. DUARDI et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1975.

Rehearing and Rehearing Denied March 2, 1976.

Attorney(s) appearing for the Case

Gary Cornwell, Special Atty., Dept. of Justice, Kansas City, Mo., for appellant.

Lewis E. Pierce, Kansas City, Mo., for appellee.

G. Robert Blakey, Ithaca, N. Y., filed brief for amicus curiae, Americans for Effective Law Enforcement.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and VAN PELT, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 2, 1976.

ROBERT VAN PELT, Senior District Judge.

This case again presents the issue of the proper application of the Dangerous Special Offender Act, 18 U.S.C. § 3575. An earlier panel of this court was confronted with nearly identical issues in United States v. Kelly, 519 F.2d 251 (8th Cir.1975), and decided the case contrary to the government's position in Kelly...

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