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UNITED STATES v. DAY

Nos. 77-2020, 77-2021.

591 F.2d 861 (1978)

UNITED STATES of America, Appellant, v. Lawrence T. DAY. UNITED STATES of America, Appellant, v. Eric J. SHEFFEY.

United States Court of Appeals, District of Columbia Circuit.

Decided December 8, 1978.

As Amended January 23 and February 14, 1979.

Rehearing Denied January 11, 1979.

Attorney(s) appearing for the Case

Roger M. Adelman, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Michael W. Farrell, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellant.

John E. Drury, Washington, D.C. (appointed by this court) for appellee in No. 77-2020.

John A. Shorter, Jr., Washington, D.C. (appointed by this court) for appellee in No. 77-2021.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

Opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge, dissenting in part.

Rehearing Denied in No. 77-2020 January 11, 1979.

MacKINNON, Circuit Judge:

Appellees Lawrence T. Day and Eric J. Sheffey were charged in a seventeen-count indictment which may generally be considered as involving four separate criminal enterprises. The counts in the indictment cover events that were alleged...

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