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UNITED STATES v. GEARHART

No. 72-1126.

456 F.2d 1312 (1972)

UNITED STATES of America, Plaintiff and Appellee, v. Barry Douglas GEARHART, Appellant.

United States Court of Appeals, Ninth Circuit.

April 14, 1972.

Attorney(s) appearing for the Case

Jerry Berg (argued), of Collins, Hays, Stewart, Berg, Pott & Sanford, Inc., San Jose, Cal., for appellant.

Frederic F. Tilton, Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, and ELY, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

The judgment of conviction is reversed. We are of the opinion that Chernekoff v. United States, 219 F.2d 721 (9th Cir. 1955) governs and that United States v. Lewis, 448 F.2d 1228 (9th Cir. 1971) is distinguishable from Chernekoff. Cf. Parrott v. United States, 370 F.2d 388 (9th Cir. 1966), cert. denied Lawrence v. United States, 387 U.S. 908, 87 S.Ct...

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