Regardless of the issue on which rehearing en banc was granted, the court is deciding this criminal case and no other. Instead of speculating about a string of successful prosecutions in other cases, we must focus on a relatively short string of prosecutions—the successful trial of Standefer preceded by the unsuccessful trial of Niederberger.

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 1008