It appearing that the within case is controlled by Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889; and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 716, 19 L.Ed.2d 906, the judgment of conviction is reversed and the case is remanded to the District Court for dismissal.

Reversed and remanded with direction.