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UNITED STATES v. CLAIBORNE

No. 84-1294.

781 F.2d 1325 (1985)

UNITED STATES v. CLAIBORNE.

United States Court of Appeals, Ninth Circuit.

December 30, 1985.

FERGUSON, Circuit Judge, dissenting from the order denying hearing en banc.

The refusal of the court to rehear this case en banc is lamentable. When the prosecution withholds vital exculpatory information, justice is denied. Rehearing en banc is necessary to correct the substantial curtailment of a defendant's right to discover impeachment material pursuant to the Jencks Act, 18 U.S.C. § 3500, and Brady v. Maryland,

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