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UNITED STATES v. ROBIN

No. 951, Docket 76-1033.

553 F.2d 8 (1977)

UNITED STATES of America, Appellee, v. Raymond ROBIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

March 30, 1977.

Attorney(s) appearing for the Case

Frederick T. Davis, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, New York City, of counsel), for appellee.

Joseph I. Stone, New York City, for defendant-appellant.

Before KAUFMAN, Chief Judge, and FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

PER CURIAM:

Appellee's petition for rehearing has been denied by the panel which heard the appeal. In response to a request by one member of the court for a rehearing of the appeal en banc, a majority has voted against such a rehearing. However, we unanimously consider it appropriate, since the propriety of our exercise of power under Title 28 U.S.C. § 2106 to direct that the case be assigned to a different judge for resentencing has been questioned, ...

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