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U.S. Court of Appeals for the Ninth Circuit, 1972

United States of America, and v. Barry Douglas Gearhart

United States of America, and v. Barry Douglas Gearhart
U.S. Court of Appeals for the Ninth Circuit · Decided April 14, 1972 · Chambers, Ely, Per Curiam, Taylor
456 F.2d 1312; 1972 U.S. App. LEXIS 10076 (Federal Reporter, Second Series)

United States of America, and v. Barry Douglas Gearhart

Opinion

PER CURIAM:

The judgment of conviction is reversed. We are of the opinion that Chernekoff v. United States, 219 F.2d 721 (9th Cir. 1955) governs and that United States v. Lewis, 448 F.2d 1228 (9th Cir. 1971) is distinguishable from Chernekoff. Cf. Parrott v. United States, 370 F.2d 388 (9th Cir. 1966), cert. denied Lawrence v. United States, 387 U.S. 908, 87 S.Ct. 1690, 18 L.Ed.2d 625.

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