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U.S. v. FERNANDEZ

No. 89-5819.

913 F.2d 148 (1990)

UNITED STATES of America, (By the Office of Independent Counsel), Plaintiff-Appellant, v. Joseph F. FERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1990.

Attorney(s) appearing for the Case

Gerard Edmund Lynch, Office of Independent Counsel, argued, Lawrence Walsh, Laurence Shtasel, Geoffrey S. Berman, Office of Independent Counsel, Washington, D.C., on brief, for plaintiff-appellant.

Thomas Edward Wilson, argued, Mary Beth Sullivan, Seyfarth, Shaw, Fairweather & Geraldson, on brief, Washington, D.C., for defendant-appellee.

Before CHAPMAN, WILKINSON and WILKINS, Circuit Judges.

WILKINSON, Circuit Judge:

Independent Counsel, who is prosecuting this case for the United States pursuant to the Ethics in Government Act, 28 U.S.C. § 594(a), appeals under § 7(a) of the Classified Information Procedures Act (CIPA), 18 U.S.C.App. § 7(a), from the district court's dismissal of the indictment against defendant Joseph Fernandez. The district court dismissed the case with prejudice after the Attorney General of the United States filed...

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