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CLARK v. UNITED STATES

No. 14176.

221 F.2d 480 (1955)

Roger Dean CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

April 13, 1955.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., Hayden C. Covington, Brooklyn, N. Y., for appellant.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HEALY and POPE, Circuit Judges, and YANKWICH, District Judge.

PER CURIAM.

Appellee seeks a rehearing asserting that the decision of the Supreme Court in Witmer v. United States on March 14, 1955, 75 S.Ct. 392, requires a decision contrary to our previous judgment herein.

We find no resemblance between this case and the Witmer case. The Witmer case, like our cases of White v. United States, 9 Cir., 215 F.2d 782, and Tomlinson v. United States, 9 Cir., 216 F.2d 12

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