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UNITED STATES v. JAMES

Nos. 77-5188, 77-5271.

590 F.2d 575 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald JAMES and David Anthony Butler, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Henry SMITH and Kenneth Wayne Whitmore, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 12, 1979.

Attorney(s) appearing for the Case

Frank J. Petrella, Atlanta, Ga., for David Anthony Butler and Donald James.

P. Bruce Kirwan, Federal Public Defender, John R. Martin, Asst. Federal Public Defender, Atlanta, Ga. (Court-appointed), for Smith.

Murray M. Silver, Atlanta Ga., for Whitmore.

William L. Harper, U. S. Atty., William L. McCulley, Atlanta, Ga., Ann T. Wallace, Joseph S. Davies, Jr., Katherin Winfree, Attys., Dept. of Justice, Appellate Section, Criminal Div., Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, and VANCE, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The court en banc on its own motion has reconsidered this case following the panel decision reported at 576 F.2d 1121 because of possible conflicts between that decision and prior decisions of this court touching on the admission of out-of-court statements by alleged coconspirators and because of the importance of the question at issue.

The panel opinion fully stated the facts and circumstances...

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