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DURNS v. BUREAU OF PRISONS

Nos. 85-5704, 85-5714, 85-5778 and 85-5999.

804 F.2d 701 (1986)

Don DURNS v. BUREAU OF PRISONS, et al., Appellants, Eugene John IZZI v. UNITED STATES PAROLE COMMISSION, Appellant. Robert A. MINEO v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Appellants. Eddie David COX v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1986.

Dissenting Opinion October 10, 1986.

As Amended October 10, October 15 and November 3, 1986.

Rehearing Denied December 23, 1986.

Attorney(s) appearing for the Case

Sandra Wien Simon, Atty., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants in Nos. 85-5704, 85-5714, 85-5778 and 85-5999. Royce C. Lamberth, R. Craig Lawrence and Patricia D. Carter, Asst. U.S. Attys., Washington, D.C., entered appearances for appellants in No. 85-5704. Robert E.L. Eaton, Jr., Asst. U.S. Atty., Washington, D.C., entered an appearance for appellants in No. 85-5999.

Eric Glitzenstein, with whom Katherine A. Meyer and Alan B. Morrison, Washington, D.C., were on the brief, for appellees in Nos. 85-5714 and 85-5999.

Don Durns, pro se.

Robert A. Mineo, pro se.

Before SCALIA and SILBERMAN, Circuit Judges, and WRIGHT, Senior Circuit Judge.

Opinion filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Senior Circuit Judge J. SKELLY WRIGHT.

Rehearing En Banc Denied December 23, 1986.

SILBERMAN, Circuit Judge:

These four consolidated cases raise the question of whether presentence reports prepared in connection with the sentencing of federal offenders are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. §...

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