ORDER

The petition for rehearing is granted, the prior opinion dated January 28,1969, is withdrawn, the judgment is reversed and the case remanded to the trial court. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969); United States v. Scott, 425 F.2d 55 (9 Cir. 1970).