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UNITED STATES v. COHEN

No. 81-1036.

733 F.2d 128 (1984)

UNITED STATES of America v. Jeffrey I. COHEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1984.

Attorney(s) appearing for the Case

A. Franklin Burgess, Jr., Washington, D.C., with whom James Klein, Washington, D.C., was on brief, for appellant.

John R. Fisher, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time brief was filed), Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on brief, for appellee. John H. Sturc, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before ROBINSON, Chief Circuit Judge, WRIGHT, TAMM, WILKEY, WALD, MIKVA, EDWARDS, GINSBURG, BORK, and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Argued En Banc October 27, 1982.

Opinion for the Court filed by Circuit Judge SCALIA, in which Circuit Judges TAMM, WILKEY, GINSBURG, BORK and Senior Circuit Judge MacKINNON join.

Concurring opinion filed by Circuit Judge WILKEY.

Concurring opinion filed by Circuit Judge MIKVA, in which Chief Judge SPOTTSWOOD W. ROBINSON, III and Circuit Judge J. SKELLY WRIGHT join.

Concurring opinion filed by Senior Circuit Judge MacKINNON.

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