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U.S. v. PREATE

No. 95-7651.

91 F.3d 10 (1996)

UNITED STATES of America, v. Ernest D. PREATE, Jr. PG Publishing, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1996.

Attorney(s) appearing for the Case

Robert B. Hoffman (argued), W. Thomas McGough, Jr., Renee C. Mattei, Reed, Smith, Shaw & McClay, Harrisburg, PA, for appellant.

William A. Behe (argued), David M. Barasch, Office of United States Attorney, Harrisburg, PA, for U.S., Appellee.

Edward S.G. Dennis, Jr., Victor T. Limongelli (argued), John C. Dodds, Morgan, Lewis & Bockius, Philadelphia, PA, for Ernest D. Preate, Jr., Appellant.

Before BECKER, MANSMANN, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

The ultimate question in this appeal is whether the district court abused its discretion in declining to continue a sentencing proceeding so that a newspaper could fully litigate its motion to unseal sentencing documents. The defendant has now been sentenced and the district court, after sentencing, unsealed the requested material. The continuance question, however, is capable of repetition yet evading review,...

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