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UNITED STATES v. O'SHAUGHNESSY

No. 85-2360.

764 F.2d 1035 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Michael O'SHAUGHNESSY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing August 30, 1985.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Thomas S. Berg, Houston, Tex., for defendant-appellant.

Henry K. Oncken, U.S. Atty., James R. Gough, Jr., James J. Powers, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before RUBIN, RANDALL, and TATE, Circuit Judges.

Opinion on Granting of Rehearing En Banc August 30, 1985.

PER CURIAM:

Michael O'Shaughnessy appeals from the district court's order denying his motion for revocation of a pretrial detention order. Because the "first appearance" requirement of 18 U.S.C. § 3142(f) was not met, we REVERSE the order of the district court and REMAND for further proceedings in accordance with the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq.

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