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UNITED STATES v. PELTIER

No. 73-2509.

500 F.2d 985 (1974)

UNITED STATES of America, Appellee, v. James Robert PELTIER, Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Granted November 11, 1974.

Attorney(s) appearing for the Case

Sandor W. Shapery (appeared), La Jolla, Cal., for appellant.

Thomas M. Coffin, Asst. U. S. Atty. (appeared), Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

Certiorari Granted November 11, 1974. See 95 S.Ct. 302.

ALFRED T. GOODWIN, Circuit Judge:

James Robert Peltier's appeal has been taken en banc so the full court can consider whether the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), rev'g, 452 F.2d 459 (9th Cir.1971), should be applied to similar cases pending on appeal...

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