States Giancola, 4 F.2d 8 Pofin, Nos. 85-5009, 85-5010, slip op. at (11th Cir.1985 ; see also United States (4th Cir. March 4, 1985) (opinion of Mumaghan, C.J., as a single circuit judge). In this case the majority, adopting the reas- oning of both the nuird and Eleventh Cir- cuits, rewrites the statu