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UNITED STATES v. AFFLECK

Nos. 85-1009, 84-2600.

765 F.2d 944 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Grant C. AFFLECK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Frank KOWALIK, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 24, 1985.

Attorney(s) appearing for the Case

A. Brent Carruth, Carruth & Goodwin, Van Nuys, Cal. (Eric A. Goodwin, Carruth & Goodwin, Van Nuys, Cal., with him on the briefs), for defendant-appellant Affleck.

Brent D. Ward, U.S. Atty., Salt Lake City, Utah (David Schwendiman, Sp. Asst. U.S. Atty., Salt Lake City, Utah, with him on the brief), for plaintiff-appellee U.S. in No. 85-1009.

Albert M. Pearson, University of Georgia School of Law, Athens, Ga., and Scott McLarty, Athens, Ga. (Cecil Hartman, Denver, Colo., with them on the brief), for defendant-appellant, Kowalik.

Thomas M. O'Rourke, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., with him on the brief), for plaintiff-appellee U.S. in No. 84-2600.

Michael L. Bender, Bender & Treece, and Jay P.K. Kenney, Denver, Colo., were on the brief in 84-2600 for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Before HOLLOWAY, Chief Judge, and SETH, BARRETT, DOYLE, McKAY, LOGAN, and SEYMOUR, Circuit Judges.

HOLLOWAY, Chief Judge.

OPINION ON REHEARING EN BANC

These separate appeals from the District of Utah and the District of Colorado present important questions under the Bail Reform Act of 1984 ("Act"), enacted as part of the Comprehensive Crime Control Act of 1984, Title II of Pub.L. No. 98-473, 98 Stat. 1976, approved October 12, 1984. This court ordered rehearings en banc which were heard on March 12, 1985 in each case. This opinion disposes of the issues...

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