519 F2d 1375 United States v. Martinez-Tapia

519 F.2d 1375

UNITED STATES of America, Petitioner-Appellee.
Gabriel MARTINEZ-TAPIA, Respondent-Appellant.

No. 73-2121.
United States Court of Appeals,

Ninth Circuit.

Aug. 6, 1975.

Robert L. Boles (argued), Federal Defenders, San Diego, Cal., for respondent-appellant.

Lyn I. Goldberg, Asst. U.S. Atty. (argued), Harry D. Steward, U.S. Atty., James W. Meyers, Asst. U.S. Atty., on the petition for rehearing, San Diego, Cal., for petitioner-appellee.


Before DUNIWAY and SNEED, Circuit Judges, and SWEIGERT,* District Judge:


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The petition for a rehearing is granted. The prior opinion in this case, 499 F.2d 1244 is withdrawn, and the judgment appealed from is affirmed on the authority of United States v. Peltier, 1975, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374.


The honorable William T. Sweigert, Senior United States District Judge for the Northern District of California, sitting by designation