IN RE AUERHAHN

Attorney(s) appearing for the Case

Nancy E. Kaufman , First Assistant Bar Counsel, Office of Bar Counsel, for appellant.

Peter B. Krupp , with whom Max D. Stern was on brief, for amicus curiae Massachusetts Association of Criminal Defense Lawyers, Inc. in support of appellant.

Michael D. Ricciuti , with whom Michael DeMarco , Ryan M. Tosi , Lindsay S. Bishop , and K & L Gates LLP were on brief, for appellee.

Vijay Shanker , Attorney, United States Department of Justice, with whom Lanny A. Breuer , Assistant Attorney General, and John D. Buretta , Acting Deputy Assistant Attorney General, were on brief, for amicus curiae United States in support of appellee.

Lawrence J. Fox , John Reinstein , and Nancy Gertner on brief for amici curiae legal academics in support of appellant.

Before TORRUELLA, RIPPLE and HOWARD, Circuit Judges.