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UNITED STATES v. SCHAFFNER

No. 83-5050.

715 F.2d 1099 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Charles H. SCHAFFNER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1983.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Lexington, Ky., James E. Arehart, Ellen Sue Shapiro (argued), General Litigation and Legal Advice Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

William Oldfield, W. Robert Lotz (argued), Covington, Ky., for defendant-appellee.

Before LIVELY and CONTIE, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

CONTIE, Circuit Judge.

Pursuant to 18 U.S.C. § 3731, the United States appeals from the district court's dismissal of a criminal indictment charging the defendant Schaffner with obstructing the administration of justice, 18 U.S.C. § 1503, by hiding a witness whose testimony would have been unfavorable to his client. The district court held that the government was obliged to prosecute the defendant under 18 U.S.C. § 15011

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