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UNITED STATES v. BEALE

No. 29150.

445 F.2d 977 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Cornelius BEALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 17, 1971.

Attorney(s) appearing for the Case

David Goldman, Jack H. Cohen, court appointed, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael J. Osman, Harold F. Keefe, Miami, Fla., Will Wilson, Asst. Atty. Gen., Sidney M. Glazer, Thomas M. Lockney, Attys., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and GODBOLD, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The petition of the United States for rehearing is granted. The court recedes from its opinion insofar as it held that the underlying rationale of Sabbath v. United States, 391 U.S. 585, 88 S.Ct. 1755, 20 L.Ed.2d 828 (1968) required that we hold that entry secured by deception and without use of force is governed by 18 U.S.C. § 3109.

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