Nos. 88-3220 and 88-3268.

864 F.2d 992 (1988)

UNITED STATES of America, Appellant/Cross Appellee No. 88-3268 v. Alan FRANK, a/k/a A. Roy, Appellee/Cross Appellant No. 88-3220.

United States Court of Appeals, Third Circuit.

Reargued: September 30, 1988.

Decided November 7, 1988.

Rehearing and Rehearing Denied January 4, 1989.

Attorney(s) appearing for the Case

W. Penn Hackney (Argued and Reargued), Pittsburgh, Pa., for Alan frank.

J. Alan Johnson, U.S. Atty., Constance M. Bowden (Argued and Reargued), Asst. U.S. Atty., Pittsburgh, Pa., John R. Bolton, Asst. Atty. Gen., Douglas Letter, Gregory C. Sisk (Argued), Attorneys, Appellate Staff Civil Div., Dept. of Justice, Washington, D.C., for United States.

Paul M. Bator (Argued), Andrew L. Frey, Kenneth S. Geller, Stephen G. Gilles, Mayer, Brown & Platt, John R. Steer, General Counsel, Donald A. Purdy, Jr., Deputy General Counsel, U.S. Sentencing Comm'n, Washington, D.C., for amicus curiae U.S. Sentencing Comm'n.

Before GIBBONS, Chief Judge, SEITZ and HUTCHINSON, Circuit Judges.

Reargued (No. 88-3220): September 30, 1988.

Rehearing and Rehearing In Banc Denied January 4, 1989.


GIBBONS, Chief Judge.

Alan Frank appeals from a judgment of sentence imposed following his conviction on a charge of interstate flight to avoid prosecution. He contends that the indictment should have been dismissed because the prosecution was not authorized in the manner required by 18 U.S.C. § 1073. He also contends...


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