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UNITED STATES v. FRADY

No. 79-1284.

607 F.2d 383 (1979)

UNITED STATES of America v. Joseph C. FRADY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

As Amended June 18, 1979.

On Suggestion for Rehearing August 8, 1979.

As Amended September 11, 1979.

Attorney(s) appearing for the Case

Joseph C. Frady, pro se.

H. Lowell Brown, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., and John A. Terry, Asst. U.S. Atty., Washington, D.C., were on the pleadings for appellee.

Before FAHY, Senior Circuit Judge, and McGOWAN and WILKEY, Circuit Judges.

On Suggestion for Rehearing En Banc August 8, 1979.

Opinion for the Court filed by FAHY, Senior Circuit Judge.

Dissenting opinion filed by WILKEY, Circuit Judge.

FAHY, Senior Circuit Judge:

The question presented is whether a certain change in a prison sentence after it had begun to be served placed appellant twice in jeopardy for the same offense. We hold that it did and, therefore, that the change must be set aside as inconsistent with the...

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