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U.S. v. OBOH

Nos. 94-8154, 95-8143.

92 F.3d 1082 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Henry Olushola OBOH, a/k/a Henry Osa Omoboh, a/k/a James Clark a/k/a Derick Forest, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mitchel Augustus BOWEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 8, 1996.

Attorney(s) appearing for the Case

Stephanie Kearns, Federal Defender Program, Atlanta, GA, for Oboh.

Richard M. Langway, Amy Levin Weil, Asst. U.S. Attys., Atlanta, GA, for U.S. in No. 94-8154.

Mildred H. Geckler, Federal Defender Program, Inc., Atlanta, GA, for Bowen.

Allen Moye, Asst. U.S. Atty., U.S. Attorney's Office, Atlanta, GA, for U.S. in No. 95-8143.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and HENDERSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this consolidated appeal, the en banc court decides that it will not overturn United States v. Chukwura, 5 F.3d 1420 (11th Cir. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 102, 130 L.Ed.2d 51 (1994).

In Chukwura, a panel of this court held that 18 U.S.C. § 3583(d) authorized a district court to order the deportation of a defendant "subject to deportation" as a condition...

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