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U.S. v. WUNSCH

No. 93-50671.

84 F.3d 1110 (1996)

UNITED STATES of America, Plaintiff-Appellee, and The State of California; The State Bar of California, Intervenors-Appellees, v. William WUNSCH; Beverly Wunsch; Teri Lee Sowers, Defendants, and Frank L. Swan, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed April 28, 1995.

Rehearing Granted October 12, 1995.

Reargued and Submitted December 12, 1995.

Opinion Withdrawn May 23, 1996.

Decided May 24, 1996.

Attorney(s) appearing for the Case

Carol A. Sobel, ACLU Foundation of Southern California, Los Angeles, California, for respondent-appellant.

Paul L. Seave, Assistant United States Attorney, Sacramento, California; Elana Shavit Artson, Assistant United States Attorney, Santa Ana, California, for plaintiff-appellee.

Karen Leaf, Deputy Attorney General, Sacramento, California, for petitioner-intervenor-appellee.

James M. Wagstaffe and Mark L. Tuft, Cooper, White & Cooper, San Francisco, California, for petitioner-intervenor-appellee.

Robert A. Hawley and Lawrence C. Yee, Office of General Counsel, The State Bar of California, San Francisco, California, for petitioner-intervenor-appellee.

Lynn Hecht Schafran, NOW Legal Defense and Education Fund, New York City, for amici curiae.

Robert M. Ikemi, California Women's Law Center, Los Angeles, California, for amici curiae.

Meir J. Westreich, Glendale, California, for amicus curiae.

Before: BROWNING, FARRIS and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

In this case we are called upon to determine whether the district court properly sanctioned an attorney for conduct that occurred outside the courtroom and after the attorney had ceased to represent any of the parties involved with the proceedings before the court. For the reasons that follow, we reverse.

FACTS AND PRIOR PROCEEDINGS

This matter arose during the course of a criminal tax prosecution brought by the United States...

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