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

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)

Counsel

Donald Eugene Colyer, pro se., Werner A. Powers, Dallas, Tex. (Court-appointed), for defendant-appellant., Kenneth J. Mighell, U.S. Atty., R. H. Wallace, Jr., Gerhard Kleinschmidt, Ronald C. H. Eddins, Asst. U.S. Attys., Fort Worth, Tex., for plaintiff-appellee., On Petition for Rehearing (Opinion April 21, 1978, 5 Cir., 571 F.2d 941)

Cases that cite this one

2 later published cases cite this decision.

Castro v. Sullivan (District Court, S.D. New York 1987)
United States v. Duty (United States Court of Military Appeals 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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