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GALLEGOS v. UNITED STATES

No. 72-1851.

476 F.2d 1281 (1973)

Herminio H. GALLEGOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 19, 1973.

Attorney(s) appearing for the Case

John Hugh Buck, Houston, Tex., (Court-appointed), for petitioner-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODGOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

The Government has confessed error in the use of the supplemental information filed in the district court based upon a violation of 26 U.S.C.A. § 2593(a) in view of the privilege against self-incrimination.

The opinion of a panel of this Court published September 14, 1972, 466 F.2d 740, is therefore withdrawn and the cause is remanded to the district court for such further proceedings as may be appropriate...

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