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U.S. v. BIRK

No. 85-3538.

797 F.2d 199 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Gurpartap Singh BIRK, Sukhvinder Singh, Virinder Singh, Jasbir Sandhu and Jatinder Singh Ahluwalia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 3, 1986.

Attorney(s) appearing for the Case

Mervyn Hamburg, Justice Dept., Washington, D.C., John P. Volz, U.S. Atty., Douglas N. Frazier, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellant.

Richard B. Stricks and Joseph Meyer, Jr., New Orleans, La., for Virinder, Sandhu.

John W. Reed, New Orleans, La., for Birk.

Ronald J. Rakosky, New Orleans, La., for Sukhvinder Singh.

George R. Simno, III, New Orleans, La., for Jatinder Singh Ahluwalia.

Before GEE, POLITZ, and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 3, 1986.

GEE, Circuit Judge:

Defendants, a group of Sikhs, were charged with conspiring to assassinate the Chief Minister of an Indian state while he was in New Orleans last spring. The district court dismissed the indictment, ruling that it failed to state a federal offense because the Chief Minister was not a "foreign official, official guest, or internationally protected person" as required under 18 U.S.C....

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