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UNITED STATES v. MARTINEZ-TAPIA

No. 73-2121.

519 F.2d 1375 (1975)

UNITED STATES of America, Petitioner-Appellee, v. Gabriel MARTINEZ-TAPIA, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

August 6, 1975.

Attorney(s) appearing for the Case

Robert L. Boles (argued), Federal Defenders, San Diego, Cal., for respondent-appellant.

Lyn I. Goldberg, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., James W. Meyers, Asst. U. S. Atty., on the petition for rehearing, San Diego, Cal., for petitioner-appellee.

Before DUNIWAY and SNEED, Circuit Judges, and SWEIGERT, District Judge:

OPINION ON REHEARING

PER CURIAM:

The petition for a rehearing is granted. The prior opinion in this case, 499 F.2d 1244 is withdrawn, and the judgment appealed from is affirmed on the authority of United States v. Peltier, 1975, 422 U.S. 531, 95 S.Ct. 2313, 45...

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