U.S. Court of Appeals for the Fifth Circuit, 1978

United States v. Donald Eugene Colyer

United States v. Donald Eugene Colyer
U.S. Court of Appeals for the Fifth Circuit · Decided July 20, 1978 · Gee, Per Curiam, Van Pelt, Wisdom
576 F.2d 1249; 1978 U.S. App. LEXIS 10025 (Federal Reporter, Second Series)

United States v. Donald Eugene Colyer

Opinion

PER CURIAM:

On consideration of the Petition for Rehearing filed in the above entitled and numbered case the opinion heretofore filed is amended by striking from the second line of the first complete paragraph on 7 (paragraphs numbered 4 and 5 of the printed opinion) the following: “under Fed.R. Crim.P. 52(a).” and inserting in lieu thereof the following: “beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).” whereby the sentence will read as follows:

“However, we find that any error in this case was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).”

Upon consideration of the Petition for Rehearing

IT IS ORDERED that the same be and is hereby overruled and denied.

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