U.S. Court of Appeals for the Fifth Circuit, 1981

United States v. Robert J. Kuhn, Jose C. Davila, and Doyle E. Huckabee

U.S. Court of Appeals for the Fifth Circuit · Decided February 23, 1981 · Gee, Per Curiam, Randall, Rubin

638 F.2d 17; 1981 U.S. App. LEXIS 19939 (Federal Reporter, Second Series)

Opinion

PER CURIAM:

In our original opinion, we decided the merits of this attempted Abney 1 -type appeal on the assumption that we had jurisdiction to do so, expressly reserving that question. Since then it has been determined that we lack such jurisdiction. United States v. Becton, 632 F.2d 1294 (5th Cir. 1980). What we earlier wrote on the merits is therefore of no effect. We withdraw it. The appeal is

DISMISSED.

. Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977).

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