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UNITED STATES v. ROSS

No. 79-1624.

655 F.2d 1159 (1981)

UNITED STATES of America, v. Albert ROSS, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1981.

Certiorari Granted October 13, 1981.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C. (appointed by this court) for appellant.

John R. Fisher, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Bobara E. Liles, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Michael E. Geltner, Washington, D. C., and Larry J. Ritchie, Washington, D. C., filed a brief as amicus curiae on behalf of the Appellate Litigation Clinic of Georgetown University.

Before McGOWAN, Chief Judge, and WRIGHT, TAMM, ROBINSON, MacKINNON, ROBB, WILKEY, WALD, MIKVA, EDWARDS, and GINSBURG, Circuit Judges.

Argued en banc October 23, 1980.

Certiorari Granted October 13, 1981. See 102 S.Ct. 386.

Opinion for the court filed by Circuit Judge GINSBURG, in which Chief Judge McGOWAN, and Circuit Judges WRIGHT, ROBINSON, WALD, MIKVA, and EDWARDS concur.

Separate opinion, dissenting in part, filed by Circuit Judge TAMM, in which Circuit Judge ROBB concurs.

Dissenting opinion filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit...

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