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BIRNBAUM v. U.S.

No. 792.

394 U.S. 922 (1969)

BIRNBAUM v. UNITED STATES.

Supreme Court of United States.

March 24, 1969.

Attorney(s) appearing for the Case

Harold F. Reis, Edward P. Taptich, and Alan M. Dershowitz for petitioner. Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, and Edward Fenig for the United States. William J. vanden Heuvel and Charles G. Moerdler for St. Augustine's Episcopal School et al. as amici curiae in support of the petition.

Certiorari denied. MR. JUSTICE MARSHALL took no part in the consideration or decision of this petition.

MR. CHIEF JUSTICE WARREN, with whom MR. JUSTICE DOUGLAS joins, dissenting.

This case raises troublesome issues concerning the federal sentencing process and its impact on the exercise of appellate rights, issues I believe we should confront because of our duty both to enforce specific congressional commands and to exercise our supervisory power over the...

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