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UNITED STATES v. SCHILLER

No. 79-1206.

424 A.2d 51 (1980)

UNITED STATES, Appellant, v. Nina K. SCHILLER et al., Appellees.

District of Columbia Court of Appeals.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Michael W. Farrell, Asst. U. S. Atty., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry, C. Madison Brewer, and Mary Ellen Abrecht, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellant.

Ladd B. Leavens, Public Defender Service, Washington, D.C., with whom Maxine Auerback, Public Defender Service, and Russell F. Canan, Jeffrey B. O'Toole, Washington, D.C., and Stephen B. Bright, Washington, D.C., appointed by the court, and Robert Avakian, pro se, were on the brief, for appellees. Silas J. Wasserstrom, Public Defender Service, Washington, D.C., also entered an appearance for appellees.

Daniel P. Sheehan, Boulder, Colo., Victor M. Goode, New York City, and Paul Harris, were on the brief for amicus curiae.

Before GALLAGHER, MACK and PRYOR, Associate Judges.

PRYOR, Associate Judge:

Of seventeen appellees, eight were indicted in a thirteen count indictment, and the remaining nine appellees were charged in a second nine count indictment.

Upon appellees' request that the two indictments be consolidated, the government sought and obtained a third superseding indictment charging all seventeen appellees on all counts of a twenty-six count indictment. Appellees thereupon moved...

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