UNITED STATES v. JOHN SCHER PRESENTS, INC.

No. 84-5096.

746 F.2d 959 (1984)

UNITED STATES of America, Appellant, v. JOHN SCHER PRESENTS, INC.; Monarch Entertainment Bureau, Inc.; John Scher and Cedrick Kushner. John Scher Presents, Inc. and Monarch Entertainment Bureau, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided October 11, 1984.


Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Charles F. Rule (Argued), Deputy Asst. Atty. Gen., John J. Powers, III, Frederick Freilicher, Dept. of Justice, Washington, D.C., for appellant; Charles V. Reilly, John J. Greene, Robert Einstein, John H. Clark, New York City, of counsel.

Charles J. Walsh (Argued), David W. Lentz, Sills, Beck, Cummis, Zuckerman, Radin & Tischman, P.A., Newark, N.J., for appellees.

Before ADAMS, BECKER, Circuit Judges and O'NEILL, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by the government in a criminal antitrust case in which the district court suspended imposition of sentence on two corporations and placed them on probation provided that they donate $100,000 to charities approved by the court's probation department. The case presents the question whether the Probation Act, 18 U.S.C. § 3651, authorizes a district court to require, as a special condition of...

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