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SILVA v. UNITED STATES

No. 5807.

38 F.2d 465 (1930)

SILVA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

Clifford A. Russell, of Sacramento, Cal., for appellant.

George J. Hatfield, U. S. Atty., of San Francisco, Cal., and Albert E. Sheets, Asst. U. S. Atty., of Sacramento, Cal.

Before DIETRICH and WILBUR, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

On November 4, 1929, we filed an opinion [35 F.2d 598] affirming the judgment convicting appellant of violations of the National Prohibition Act (27 USCA). In due course, upon December 5, 1929, mandate issued. Thereafter, on December 11, 1929, through new counsel, whom he had in the meantime employed, appellant moved for a recall of the mandate and for leave to file a petition for rehearing, and also a petition...

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