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U.S. v. DONAHUE

No. 89-5133.

885 F.2d 45 (1989)

UNITED STATES of America v. DONAHUE, Joseph P., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 6, 1989.

Rehearing and Rehearing Denied October 6, 1989.

Attorney(s) appearing for the Case

Gregory T. Magarity, Stanley R. Scheiner, William C. Nugent, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

William A. Behe, Gordon A.D. Zubrod, James J. West, U.S. Atty., U.S. Attorney's Office, Harrisburg, Pa., for appellee.

Before SLOVITER and GREENBERG, Circuit Judges, and FISHER, District Judge.

Submitted Under Third Circuit Rule 12(6) August 8, 1989.

Rehearing and Rehearing In Banc Denied October 6, 1989.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

On April 19, 1988, a three-count indictment was returned against appellant, Joseph Donahue, and his co-defendant Michael Coffey, in the Middle District of Pennsylvania. Count I charged both defendants, along with unindicted co-conspirator Frederick Luytjes, with conspiring in violation...

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