(concurring specially):
I concur in the result reached by the majority of the en bane court, although I believe the result is reached for the wrong reasons. As the majority indicates, whether Randazzo’s conviction is affirmed on count one for the alleged 1963 contempt or on count two for the alleged 1966 contempt is not of great practical importance in view of the concurrent sentence doctrine.
The statute of limitations may not be applicable to the alleged 1963 contempt, but in any event it is not of primary importance as indicated in note one of my dissent from the original panel opinion. I would much prefer to deal with the 1966 episode and avoid issues related to speedy trial, the statute of limitations and claims of double jeopardy, although none of these questions considered separately or jointly should control the final decision in this case.
*1062In my original dissent I undertook to analyze the pertinent facts presented by the record before us in light of Yates v. United States, 355 U.S. 66, 78 S.Ct. 128, 2 L.Ed.2d 95 (1957). In my opinion it would be more appropriate to dispose of this case under the teachings and rationale of that case.