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VALDES v. U.S.

No. 03-3066.

475 F.3d 1319 (2007)

Nelson VALDES, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2007.

Attorney(s) appearing for the Case

Paul H. Zukerberg argued the cause and filed the briefs for appellant.

Blair G. Brown and Barak Cohen were on the brief for amicus curiae the National Association of Criminal Defense Lawyers in support of appellant.

Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III and J. Patrick Rowan, Assistant U.S. Attorneys.

J. Gerald Hebert was on the brief for amicus curiae the Campaign Legal Center in support of appellee.

Before: GINSBURG, Chief Judge, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge KAVANAUGH, with whom Senior Circuit Judge WILLIAMS joins.

Dissenting opinion filed by Circuit Judge HENDERSON, with whom Circuit Judge RANDOLPH joins.

Dissenting opinion filed by Circuit Judge GARLAND, with whom Circuit Judges SENTELLE, HENDERSON, RANDOLPH, and BROWN join.

WILLIAMS, Senior Circuit Judge.

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