The judgment of conviction is affirmed.

However, in view of the pendency of Ehlert v. United States, 9th Cir., 422 F.2d 332 (1970) in the Supreme Court of the United States, 397 U.S. 1074, 90 S.Ct. 1525, 25 L.Ed.2d 808 (May 4, 1970), appellant may apply for a rehearing at any time within eight weeks from date. If Ehlert remains undecided, counsel may apply for an extension.