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U.S. v. LANE

Nos. 87-2774, 87-2805.

883 F.2d 1484 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. David LANE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bruce PIERCE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 25, 1989.

Attorney(s) appearing for the Case

Jeffrey S. Pagliuca, Holland, Seelen & Pagliuca, Denver, Colo., for defendant-appellant, David Lane.

Terri Harrington, Kane & Harrington, Denver, Colo., (Mary A. Kane of Kane & Harrington, Denver, Colo., on briefs), for defendant-appellant, Bruce Pierce.

William R. Yeomans, Atty., Dept. of Justice, Washington, D.C. and Thomas O'Rourke, Asst. U.S. Atty. (William Bradford Reynolds, Asst. Atty. Gen., Jessica Dunsay Silver, Atty., Dept. of Justice, Washington, D.C., and Michael J. Norton, U.S. Atty., Denver, Colo., with them on the briefs), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

I

On the night of June 18, 1984, Alan Berg was shot and killed in front of his Denver, Colorado home. Mr. Berg was a radio talkshow host and he was Jewish. A federal grand jury indictment charged defendants Pierce and Lane, as well as one Scutari and one Craig, with violating 18 U.S.C. §§ 245(b)(2)(C) and 2 in connection with Berg's death:

On or about June 18, 1984, in the State and District of Colorado, DAVID LANE...

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