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U.S. v. MATHER

Crim. Nos. 95-782-M-1, 95-783-M-1.

902 F.Supp. 560 (1995)

UNITED STATES of America v. Gary P. MATHER. UNITED STATES of America v. Gregory B. LINN.

United States District Court, E.D. Pennsylvania.

October 27, 1995.

Attorney(s) appearing for the Case

Robert A. Zauzmer, U.S. Attorney's Office, Philadelphia, PA, for Government.

Richard W. Berlinger, Abington, PA, for defendants.

MEMORANDUM

DALZELL, District Judge.

Gary P. Mather and Gregory B. Linn appeal their convictions for open lewdness and disorderly conduct in a national park. The Government has, since the filing of their notices of appeal, withdrawn the open lewdness charges, and thus, although we shall affirm the disorderly conduct convictions, we shall remand for resentencing.

I. Factual Background

On June 13, 1995, at about 5:30 p.m.,

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