Boehm v. United States

Full title: Kenneth Scott BOEHM, Appellant, v. UNITED STATES of America, Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 30, 1968

392 F.2d 978 (5th Cir. 1968)

Opinion

No. 25289.

April 30, 1968.

Appeal from the United States District Court for the Northern District of Texas, Joe E. Estes, Judge.

Kolander Templeton, Amarillo, Tex., Robert L. Templeton, Amarillo, Tex., of counsel, for appellant.

Alex H. McGlinchey, Asst. U.S. Atty., Fort Worth, Tex., for appellee.

Before RIVES, BELL and GOLDBERG, Circuit Judges.

PER CURIAM:

It appearing that the within case is controlled by Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed. 2d 889; and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 716, 19 L.Ed.2d 906, the judgment of conviction is reversed and the case is remanded to the District Court for dismissal.

Reversed and remanded with direction.