United States v. David M. Pharis Edward J. Habina William M. Dull Harry Gangloff

Argued May 31, 2001.

Before: SLOVITER, FUENTES and COWEN, Circuit Judges.

Reargued En Banc Feb. 13, 2002.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN,* SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES and COWEN, Circuit Judges.

Filed July 26, 2002.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

After the jury for this federal criminal case had been sworn, after two witnesses had testified, and after the testimony of a third witness had been stipulated, the Government filed a notice of appeal from an adverse ruling by the District Court. The issue before us is whether we can…