David Fenster, president and part owner of Utica Packing Company, was convicted of bribing a meat inspector.

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David Fenster, president and part owner of Utica Packing Company, was convicted of bribing a meat inspector. After an administrative hearing filed by the U.S. Dept. of Agriculture (USDA), the administrative law judge ordered withdrawal of inspection services from Utica. Upon judicial review of this decision, the court ordered Davis, the judicial officer for the USDA, to consider several mitigating circumstances. For example, there had been improper conduct by the inspectors, virulent anti-Semitic remarks by an inspector (Fenster is a Jewish survivor of the Holocaust), Fenster's serious health problems, and the fact that, despite the bribe, the Utica plant was clean. Davis ruled to reinstate inspection services to Utica. The USDA moved for reconsideration and replaced judicial officer Davis with Franke, who, unlike Davis, had no judicial background, could be fired at will, and who was assigned a legal adviser who worked with the prosecutors in the case. Fenster claims this violates his Fifth Amendment due process rights. The USDA responds that separation of investigative, prosecutorial, and adjudicative functions is relaxed in an administrative setting. Decision?

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