U.S. v. MILLS

Nos. 90-3007, 90-3008.

964 F.2d 1186 (1992)

UNITED STATES of America, Appellant, v. Albert E. MILLS. UNITED STATES of America, Appellant, v. Kenneth B. WONSON.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1992.


Attorney(s) appearing for the Case

Robert H. Tiller (appointed by the Court), with whom Alan P. Bayles, Washington, D.C., (appointed by the Court) was on the brief, for defendants. Richard G. Taranto, Washington, D.C., also entered an appearance for defendant Kenneth B. Wonson in No. 90-3008.

David A. Reiser, with whom Rosemary Herbert and James W. Klein, Public Defender Service, and Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., for American Civil Liberties Union, were on the joint brief, for amici curiae urging that the judgments of the District Court be affirmed.

John R. Fisher, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Thomas E. Zeno, Patrice I. Kopistansky and James A. Meade, Asst. U.S. Attys., Washington, D.C., were on the brief, for the U.S. Thomas J. Tourish, Jr., Washington, D.C., also entered an appearance for the U.S.

Before: MIKVA, Chief Judge, WALD, EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.


Argued En Banc November 20, 1991.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Concurring opinion filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Circuit Judge SENTELLE, in which Chief Judge MIKVA and Circuit Judges WALD, HARRY T. EDWARDS and RUTH BADER GINSBURG join.

STEPHEN F. WILLIAMS, Circuit Judge:

We held in United States v. Robertson,

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