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UNITED STATES v. ROBBINS

No. 79-5203.

629 F.2d 1105 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Lloyd Calvin ROBBINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 6, 1980.

Attorney(s) appearing for the Case

Julian R. Murray, Jr., New Orleans, La., for defendant-appellant.

W. A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before GODBOLD, SIMPSON and THOMAS A. CLARK, Circuit Judges.

ON PETITION FOR REHEARING

GODBOLD, Circuit Judge:

In our decision, 623 F.2d 418 (5th Cir. 1980), we reviewed the sufficiency of the evidence under a "miscarriage of justice" standard, on the premise that appellant did not renew his motion for judgment of acquittal made at the conclusion of the government's case. In fact he did renew his motion, and the evidence should have been reviewed under the usual and more stringent...

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