McCAFFREY v. UNITED STATES

No. 20639.

332 F.2d 619 (1964)

Robert Emmett McCAFFREY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 5, 1964.


Attorney(s) appearing for the Case

Robert E. McCaffrey, Atlanta, Ga., for appellant.

Edward A. Kaufman, Asst. U. S. Atty., William A. Meadows, Jr., U. S. Atty., Southern Dist. of Florida, Miami, Fla., for appellee.

Before WISDOM and GEWIN, Circuit Judges.


PER CURIAM.

The per curiam opinion in this cause was rendered prior to the decision in United States v. Behrens, (December 9, 1963) 375 U.S. 162, 84 S.Ct. 295, 11 L.Ed. 2d 224, although not published until January 2, 1964.1 We consider such per curiam opinion by this court to be in conflict with Behrens. Accordingly, it is ordered that the per curiam is herewith recalled and in lieu of that opinion the following...

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