United States v. Martinez-Tapia

Full title: UNITED STATES OF AMERICA, PETITIONER-APPELLEE, v. GABRIEL MARTINEZ-TAPIA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 1975

519 F.2d 1375 (9th Cir. 1975)

Opinion

No. 73-2121.

August 6, 1975.

On Appeal from the United States District Court for the Southern District of California, Edward J. Schwartz, Judge.

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:

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

OPINION ON REHEARING

PER CURIAM:

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 The prior opinion in this case, 499 F.2d 1244 is withdrawn, and the judgment appealed from is affirmed on the authority of United States v. Peltier, 1975, 422 U.S. 531, 95 S.Ct. 2313, 45 L.Ed.2d 374.