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UNITED STATES v. FLORES-CALVILLO

No. 75-3785.

571 F.2d 512 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Roselia FLORES-CALVILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 6, 1978.

Attorney(s) appearing for the Case

Glenn S. Warren (argued) of Fed. Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Steve Peterson, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before HUFSTEDLER and CHOY, Circuit Judges, and SMITH, District Judge.

The Government's petition for rehearing is granted. The opinions heretofore filed are ordered withdrawn. Action upon the Government's petition for rehearing was deferred until the decision of United States v. Rodriguez-Gastelum, 569 F.2d 482 (9th Cir. en banc 1978). The following per curiam opinion is substituted:

The conviction is vacated and the cause is remanded to the district court for the purpose of findings by the district...

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