721 F2d 266 United States v. Martin

721 F.2d 266

UNITED STATES of America, Plaintiff-Appellee,
v.
Kenneth Lange MARTIN, Defendant-Appellant.

No. 81-1758.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted July 8, 1982.
Decided Nov. 28, 1983.

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1

William J. Friedl, Phoenix, Ariz., for defendant-appellant.

2

Gloria Ybarra, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

3

Appeal from the United States District Court for the District of Arizona; Earl H. Carroll, District Judge, Presiding.

4

Before GOODWIN and NELSON, Circuit Judges, and MARSHALL,* District Judge.

ORDER

5

The government's petition for rehearing of 693 F.2d 77 is allowed.

6

Based on the authority of Illinois v. Andreas, --- U.S. ----, 103 S.Ct. 3319, 77 L.Ed.2d 1003 (1983), the judgment is affirmed.

*

The Honorable Consuelo B. Marshall, United States District Judge for the Central District of California, sitting by designation