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UNITED STATES v. HASTINGS

Nos. 82-5262, 82-5715.

681 F.2d 706 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Honorable Alcee L. HASTINGS, Defendant-Appellant. In re The Honorable Alcee L. HASTINGS, United States District Judge In and For The SOUTHERN DISTRICT OF FLORIDA, Petitioner.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 22, 1982.

Attorney(s) appearing for the Case

Terence J. Anderson, University of Miami, School of Law, Coral Gables, Fla., Robert S. Catz, Cleveland-Marshall College of Law, Cleveland State Univ., Cleveland, Ohio, for defendant-appellant.

Robert Richter, Dept. of Justice, Crim. Div., Washington, D. C., for plaintiff-appellee.

Stephen T. Maher, Andrew L. Gordon, Miami, Fla., amicus curiae, for ACLU Foundation of Fla., Inc.

Before VANCE and ANDERSON, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied September 22, 1982.

VANCE, Circuit Judge:

In this case we are asked to decide whether an active federal judge can be subject to federal criminal prosecution for acts involving the exercise of his judicial authority. Appellant and petitioner in this case, Alcee L. Hastings, has served as a federal judge for the United States District Court for the Southern District of Florida since 1979.1 On...

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