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U.S. v. FERN

Nos. 95-4099, 95-4596.

155 F.3d 1318 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel J. FERN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 23, 1998.

Attorney(s) appearing for the Case

Benedict P. Kuehne, Sale & Kuehne, P.A., Miami, FL, for Defendant-Appellant.

Thomas E. Scott, U.S. Atty., Marc Fagelson and Madeleine R. Shirley, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, COX, Circuit Judge, and MESKILL, Senior Circuit Judge.

HATCHETT, Chief Judge:

Upon motion for reconsideration, the prior panel opinion, reported at 117 F.3d 1298, is withdrawn, and the following opinion is substituted in its stead.

In this consolidated appeal, we affirm the convictions of Daniel Fern for mail fraud, attempted witness tampering and violations of the Clean Air Act.

FACTS

The events leading up to Fern's indictment and eventual convictions began...

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