U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Richard Carl Smith

United States v. Richard Carl Smith
U.S. Court of Appeals for the Ninth Circuit · Decided December 3, 1971 · Hamlin, Wright, Goodwin
451 F.2d 1027 (Federal Reporter, Second Series)

United States v. Richard Carl Smith

Opinion

PER CURIAM.

Appellant has submitted to the clerk a Petition for Rehearing which, although not timely made, is now ordered to be filed. Appellant relies on United States v. Baray, 445 F.2d 949 (9th Cir. 1971), decided after the opinion herein, 443 F. 2d 1278, was filed.

The court has considered the petition and concludes that it must be denied on the basis of our opinion in United States v. Stupke, 451 F.2d 997 (9th Cir. 1971).

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