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UNITED STATES v. BOOTY

No. 79-5237.

627 F.2d 762 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Laverne BOOTY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 8, 1980.

Attorney(s) appearing for the Case

James A. McPherson, New Orleans, La., for defendant-appellant.

John P. Volz, U. S. Atty., Ronald A. Fonseca, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, FRANK M. JOHNSON, Jr., and HENDERSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed on behalf of Robert Laverne Booty in the above entitled and numbered cause be and the same is hereby DENIED, and that paragraph two of Part II of the opinion of this Court dated July 21, 1980, 621 F.2d 1291, be modified to read:

Since Booty presented evidence in his own behalf following denial of the motion and did not renew...

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