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U.S. v. BACHYNSKY

No. 89-2742.

949 F.2d 722 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas BACHYNSKY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1991.

Attorney(s) appearing for the Case

Richard B. Kuniansky, Robert I. White, Chamberlain, Hrdlicka, White, Johnson, & Williams, Houston, Tex., for defendant-appellant.

Michael Shelby, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., Thomas M. Gannon, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GARWOOD and WIENER, Circuit Judges, and VELA, District Judge.

WIENER, Circuit Judge:

Dr. Bachynsky is before this panel a second time, now on remand from an en banc decision of this court. United States v. Bachynsky, 934 F.2d 1349 (5th Cir.1991) (Bachynsky en banc). The original opinion of this panel reversed the judgment of the district court, vacated the defendant's sentence and remanded the case to permit Dr. Bachynsky to plead anew. We did so because under this circuit's prior...

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