UNITED STATES v. HAMMOND

No. 78-5179.

605 F.2d 862 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Larry HAMMOND, a/k/a Larry Hoover, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 1, 1979.


Attorney(s) appearing for the Case

Morton Berger, Spring Valley, N. Y., for defendant-appellant.

Charles O. Farrar, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, GOLDBERG and VANCE, Circuit Judges.


ON PETITION FOR REHEARING

GOLDBERG, Circuit Judge:

In the original panel opinion in this case, we found unanimously that the government's intimidation of Hammond's witnesses violated his "constitutional right to `present his own witnesses to establish a defense'" and that, despite his counsel's agreement to stipulate to the testimony of those witnesses, prejudice resulted. A majority of the panel determined that the conviction should be reversed, although...

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