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UNITED STATES v. BECHTEL

No. 76-2701.

547 F.2d 1379 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Harry BECHTEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 16, 1977.

Attorney(s) appearing for the Case

Joseph P. Covington, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

John F. Molloy, Robertson, Molloy, Fickett & Jones, Tucson, Ariz., for defendant-appellant.

Before DUNIWAY, CHOY and KENNEDY, Circuit Judges.

OPINION

PER CURIAM:

This court has been advised that the appellant died in Mesa, Arizona on December 20, 1976, while direct review of his criminal conviction was pending. Had Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971), been overruled in its entirety by Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976), the question whether...

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