UNITED STATES v. BERNETT

No. 71-1465.

495 F.2d 943 (1974)

UNITED STATES of America v. James BERNETT, also known as James Barnett, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1974.

Rehearing Denied March 20, 1974.


Attorney(s) appearing for the Case

James M. Kefauver, Washington, D. C. (appointed by this Court) for appellant.

James F. Flanagan, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and John Ellsworth Stein, Asst. U. S. Attys., at the time the brief was filed, were on the brief, for appellee. Thomas A. Flannery, U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before ROBINSON and WILKEY, Circuit Judges, and JAMESON, Senior United States District Judge for the District of Montana.


PER CURIAM:

Judge Robinson files an opinion in Parts I, II, IV and V of which Judge Wilkey and Judge Jameson concur. Judge Wilkey files an opinion in which Judge Jameson concurs, Judge Robinson dissenting for the reasons stated in Part III of his opinion. Thus Parts I, II, IV and V of Judge Robinson's opinion and Judge Wilkey's opinion together constitute the opinion of the court. The judgment of conviction appealed from is

Affirmed.

SPOTTSWOOD W....

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