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UNITED STATES v. MILLER

No. 73-1083.

499 F.2d 1247 (1974)

The UNITED STATES of America, Plaintiff-Appellee, v. Ernest Wesley MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 8, 1974.

Attorney(s) appearing for the Case

Ray Gene Smith, Wichita Falls, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Robert G. Darden, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

PER CURIAM:

The Court has considered the petition for rehearing en banc with respect to the retroactivity issue only, and is of the opinion that the decision of the panel 5 Cir., 492 F.2d 37 is correct. The petition for rehearing is in all other respects denied...

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