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UNITED STATES v. HOWARD

No. 77-5286.

569 F.2d 1331 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert A. HOWARD and Elmer Gary Ritter, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1978.

Attorney(s) appearing for the Case

Ralph W. Brewer, Baton Rouge, La., for Howard.

Bryan E. Bush, Jr., Baton Rouge, La., for Ritter.

Donald L. Beckner, U. S. Atty., George D. Hardy, Asst. U. S. Atty., Baton Rouge, La., for plaintiff-appellee.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

GEE, Circuit Judge:

Herbert Howard and Gary Ritter were convicted of conspiring to obstruct the "due administration of justice" under 18 U.S.C. § 1503. Their specific offense was an attempt to sell transcripts of secret grand jury testimony to persons under investigation for suspected violations of federal banking laws. Aside from several minor contentions, which we will discuss later, defendants' various arguments...

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