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  5. 881 F.2d 1546 (1989)
 

U.S. v. STAGGS

Nos. 88-1275, 88-1469, 88-1471 and 88-1473.

881 F.2d 1546 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Eugene STAGGS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles David TEAFATILLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Peggy Savage TEAFATILLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Frank E. GABRIEL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 7, 1989.

Attorney(s) appearing for the Case

Sheldon J. Sperling, Asst. U.S. Atty. (Roger Hilfiger, U.S. Atty., with him on the brief), Muskogee, Okl., for plaintiff-appellee.

Richard F. Aguire (Emmett Colvin with him on the brief), Dallas, Tex., for defendants-appellants.

Before MOORE, ANDERSON and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This case was assigned originally to this three-judge panel for the purpose of considering six issues raised by the appellants. Prior to the issuance of an opinion by the panel, the judges of the Tenth Circuit voted sua sponte to hear before the en banc court one of those issues as follows:

Whether a continuing criminal enterprise indictment which tracks the language of the statute and contains three violations underlying the...

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