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SCARABIN v. DRUG ENFORCEMENT ADMINISTRATION

No. 90-4672.

925 F.2d 100 (1991)

Jeffrey M. SCARABIN, Petitioner, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, Fifth Circuit.

February 14, 1991.

Attorney(s) appearing for the Case

Victor L. Roy, III, Baton Rouge, La., for petitioner.

Constantine D. Georges, Asst. U.S. Atty., New Orleans, La., Drug Enforcement Admin., Office of Chief Counsel, Asset Forfeiture Sect., Arlington, Va., for respondent.

Before SMITH and WIENER, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion December 18, 1990, 5th Cir., 1990, 919 F.2d 337)

PER CURIAM:

The Drug Enforcement Administration (DEA) petitions for rehearing in this case on grounds that 21 U.S.C. § 877 does not provide statutory jurisdiction for a direct appeal from a denial of a petition for remission by the DEA. The DEA argues that the legislative history and statutory language of Section 877 show that...

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