UNITED STATES v. SMITH

No. 84-5240.

780 F.2d 1102 (1985)

UNITED STATES of America, Appellant, v. Richard Craig SMITH, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1985.


Attorney(s) appearing for the Case

Samuel Rosenthal, Crim. Div., Dept. of Justice, Washington, D.C. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Roberta Elkins, Dept. of Justice, Washington, D.C., Joseph J. Aronica, Asst. U.S. Atty., Alexandria, Va., on brief), for appellant.

David T. Williams, William B. Cummings, Alexandria, Va., Brent Carruth, Carruth and Goodwin, Van Nuys, Cal., on brief, for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON, and SNEEDEN, Circuit Judges and BUTZNER, Senior Circuit Judge, sitting en banc.


WIDENER, Circuit Judge:

Richard Craig Smith has been indicted on five counts of espionage under 18 U.S.C. §§ 793(a), 794(a) and (c). Prior to trial, Smith gave notice to the government and to the court pursuant to 18 U.S.C.App. § 5 that he intended to disclose classified information as part of his defense. Following the procedures set out in the Classified Information Procedures Act, 18 U.S.C.App. § 1, et seq. (CIPA),*

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