UNITED STATES v. GOURLEY

Nos. 73-1306 to 73-1310.

502 F.2d 785 (1973)

UNITED STATES of America, Appellee, v. Marshall E. GOURLEY et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 29, 1973.

On Rehearing September 27, 1974.


Attorney(s) appearing for the Case

Rudolph Schware, Denver, Colo., for appellants.

J. Terry Wiggins, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and Stephen M. Duncan, Sp. Asst. U. S. Atty., on the brief), for appellee.

Before SETH and McWILLIAMS, Circuit Judges, and BROWN, District Judge.


On Rehearing of No. 73-1308 September 27, 1974.

SETH, Circuit Judge.

The appellants were found guilty in a trial to the court of violations of 18 U.S.C. § 1382. This section makes it a criminal offense to reenter a military reservation after having been removed therefrom or after having been ordered not to reenter by the person in command thereof. The defendants have taken this appeal in which they challenge the effectiveness of the orders not to reenter...

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