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THOMAS v. UNITED STATES

No. 71-1938 Summary Calendar.

455 F.2d 469 (1972)

Bobby Joe THOMAS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 31, 1972.

Attorney(s) appearing for the Case

Bobby J. Thomas, pro se.

Seagal V. Wheatley, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., William S. Sessions, U. S. Atty., for respondent-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Thomas raises two contentions on this petition for rehearing. Both are without merit.

First, Thomas alleges that he was subjected to double jeopardy when, upon the new trial we ordered in Thomas v. United States, 5 Cir. 1969, 418 F.2d 567, he was tried upon two of the three counts in the indictment which the original trial judge had...

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