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UNITED STATES v. BYRD

No. 73-1426.

494 F.2d 1284 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Glynn BYRD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

Warren Heagy, Odessa, Tex., for defendant-appellant.

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

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

Opinion Sept. 7, 1973, 5 Cir., 1973, 483 F.2d 1196.

PER CURIAM:

We grant appellee's petition for rehearing. In United States v. Miller, 492 F.2d 37 (5th Cir., 1974), the court held that Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L. Ed.2d 596, should be given...

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