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UNITED STATES v. PENNINGTON

No. 27213.

441 F.2d 249 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Larry PENNINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied June 8, 1971.

Attorney(s) appearing for the Case

Albert M. Horn, Atlanta, Ga., for defendant-appellant.

William A. Meadows, Jr., U. S. Atty., J. V. Eskenazi, Neal R. Sonnett, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, SIMPSON, and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied June 8, 1971.

ON PETITION FOR REHEARING

COLEMAN, Circuit Judge.

This is the second appeal in this case. Our prior decision, on other issues, is reported at 392 F.2d 421 (1968).

We originally decided the instant appeal on June 29, 1970. Seven days previously, the Supreme Court had decided Chambers v. Maroney, 1970, 399 U.S. 42, 90...

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