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UNITED STATES v. CONVENTO

No. 17805.

336 F.2d 954 (1964)

UNITED STATES of America, Appellant, v. Rolando Reyes CONVENTO, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 7, 1964.

Attorney(s) appearing for the Case

Mr. Max Frescoln, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellant.

Mr. David Carliner with whom Mr. Jack Wasserman, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

PER CURIAM.

The judgment of the District Court is affirmed. Chief Judge Bazelon votes to affirm for reasons stated in his opinion; Circuit Judge Burger votes to affirm on the basis of the opinion of District Judge Hart. 210 F.Supp. 265 (D.D.C.1962).

BAZELON, Chief Judge.

Appellee Convento enlisted in the United States Navy in the Philippine Islands in 1953, served continuously until 1957 when he re-enlisted in...

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