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U.S. v. UNTERBURGER

No. 95-5199.

97 F.3d 1413 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond UNTERBURGER, Eric Olson, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 23, 1996.

Attorney(s) appearing for the Case

Kathleen M. Williams and Robin Cindy Rosen, Federal Public Defenders, Miami, FL, for Unterburger and Olson.

Kendall Coffey, U.S. Atty., Linda C. Hertz, Asst. U.S. Atty., Miami, FL, Gregory B. Friel and Jessica D. Silver, U.S. Dept. of Justice, Civil Rights Division, Washington, DC, for plaintiff-appellee.

Before HATCHETT, Chief Judge, DUBINA, Circuit Judge, and COHILL, Senior District Judge.

DUBINA, Circuit Judge:

I. BACKGROUND

A. Procedural History

This is an abortion protestor case. Appellants Eric Olson and Raymond Unterburger ("the defendants") were charged in a one-count information with violating the Freedom of Access to Clinic Entrances Act of 1994 ("Access Act" or "FACE"), 18 U.S.C. § 248(a). The information charged that the defendants used physical obstruction to intentionally intimidate and interfere with, and...

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