United States v. Esquer-Rivera

Full title: UNITED STATES OF AMERICA, APPELLEE, v. LAURA ELENA ESQUER-RIVERA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 20, 1976

542 F.2d 521 (9th Cir. 1976)

Opinion

Nos. 74-1110, 74-1099.

September 20, 1976.

Michael J. McCabe (argued), of Federal Defenders, San Diego, Cal., for appellants.

James W. Meyers, Asst. U.S. Atty., on petition for rehearing, Harry D. Steward, U.S. Atty., San Diego, Cal., for appellee.

Appeal from the United States District Court for the Southern District of California.

Before ELY and GOODWIN, Circuit Judges, and EAST,^_ District Judge.

_ The Honorable William G. East, United States District Judge for the District of Oregon, sitting by designation.

The court now being fully advised, the petition for rehearing filed July 24, 1975, is allowed; the opinion filed July 1, 1974 ( 500 F.2d 313), is withdrawn; and the judgment of the district court is affirmed on the authority of United States v. Martinez-Fuerte et al., ___ U.S. ___, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976), reversing 514 F.2d 308 (9th Cir. 1975).