United States v. Alan Jeffrey Seidel

DONALD RUSSELL, Circuit Judge:

This appeal, heretofore ruled on by us in an opinion reported in 588 F.2d 71, is now before us upon a grant of a rehearing. A proper consideration of the issues on rehearing requires some restatement of the proceedings in the district court. As indicated in the earlier opinion, the indictment on which the defendants Seidel and Kaplan were tried and convicted charged essentially two broad offenses, broken down in several separate counts. One of such offenses charged the illegal manufacture, installation, and explosion of a pipe bomb. The pipe bomb, after…