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UNITED STATES v. ENTEN

Crim. No. 166-71.

332 F.Supp. 249 (1971)

UNITED STATES of America v. Paul ENTEN et al.

United States District Court, District of Columbia.

September 20, 1971.

Attorney(s) appearing for the Case

Harold J. Sullivan, Asst. U. S. Atty., William E. Reukauf, Asst. U. S. Atty., for the United States.

Thomas A. Wadden, Jr., Washington, D. C., for defendant Enten.

Leslie Scherr, Washington, D. C., for defendant Lemonakis.

OPINION

SIRICA, District Judge.

This matter is before the Court on defendant Enten's motion for an order permitting defendant to comment upon co-defendant Lemonakis' failure to testify. Defendant Enten relies heavily upon the "De Luna rule" enunciated in De Luna v. United States, 308 F.2d 140 (5th Cir. 1962).

The facts of De Luna are not complicated but a brief outline of them will be helpful in understanding...

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