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UNITED STATES v. EADES

No. 78-5216.

633 F.2d 1075 (1980)

UNITED STATES of America, Appellee, v. John Herbert EADES, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Stanley J. Reed, Asst. Federal Public Defender (Charles G. Bernstein, Federal Public Defender, Peter D. Ward, Asst. Federal Public Defender, Susan Preston, Law Clerk, Baltimore, Md., on brief), for appellant.

Richard D. Bennett, Asst. U.S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U.S. Atty., Lynne A. Battaglia, Asst. U.S. Atty., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE and ERVIN, Circuit Judges, sitting

HAYNSWORTH, Chief Judge:

A divided panel of this court reversed the defendant's conviction on two counts under the Assimilative Crimes Act, 18 U.S.C.A. § 13, of third degree sexual offenses in violation of Article 27, § 464B(a)(1)(iii) of the Annotated Code of Maryland.1 The government filed a petition for rehearing en banc, which was granted. Now, after oral argument before the en banc court, a majority of the...

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