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UNITED STATES v. SMITH

No. 77-5387.

594 F.2d 1084 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel S. SMITH and Grover Lamar Lee, a/k/a Poss, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 9, 1979.

Attorney(s) appearing for the Case

Eugene Loftin, Jacksonville, Fla. (Court-appointed) for Lee.

James L. Harrison, Jacksonville, Fla., for Smith.

John J. Daley, Jr., U. S. Atty., Curtis S. Fallgatter, Asst. U. S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion January 17, 1979, 5 Cir., 1979, 588 F.2d 111)

PER CURIAM:

The Government has filed a petition for rehearing in this case, insisting that the Court based its reversal of appellant Lee's conviction on errors of law and fact. In response to one of the points raised in the petition, we add clarifying language to the first sentence of the second full paragraph on page 119

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