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UNITED STATES v. HOULTIN

No. 74-4144.

553 F.2d 991 (1977)

UNITED STATES of America, Plaintiff-Appellee. v. Martin W. HOULTIN, Robert Burke, Duane Morrison, Michael Francis, Kenneth B. Phillips, and Kenneth J. Croucher, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 13, 1977.

Attorney(s) appearing for the Case

Lee A. Chagra, El Paso, Tex., for Houltin, Burke, Morrison & Francis.

Malcolm McGregor, El Paso, Tex., for Croucher.

Bill Ravkind, Dallas, Tex. (Court-appointed), for Phillips.

William S. Sessions, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JONES, WISDOM and AINSWORTH, Circuit Judges.

BY THE COURT:

The Supreme Court of the United States vacated the judgment of the Court of Appeals in this cause and remanded the cause "for reconsideration in light of the position presently asserted by the government". That position is set forth in a memorandum of the Solicitor General, filed with the Supreme Court, in which he stated:

After reviewing the facts of this case, we have concluded that the offense of conspiracy to import marijuana into this country...

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