The decision of the district court is reported in Elliott v. United States, N.D.Cal., 1977, 434 F.Supp. 774. Our decision is governed by our in banc decision in Farrow v. United States, 9 Cir., 1978, 580 F.2d 1339, and particularly by part VII, A. of that opinion, at 1358 to 1360.

Affirmed.