UNITED STATES v. BERRY

No. 79-1698.

627 F.2d 193 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard S. BERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1980.


Attorney(s) appearing for the Case

David M. Ochoa, Phoenix, Ariz., for defendant-appellant.

Dale A. Danneman, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee; Stephen M. Dichter, Asst. U. S. Atty., Phoenix, Ariz., on brief.

Before WRIGHT, CHOY and ALARCON, Circuit Judges.


ORDER

The panel as constituted in the above case has voted to deny the petition for rehearing and to reject the suggestion for a rehearing en banc.

The full court has been advised of the suggestion for an en banc hearing, and no judge of the court has requested a vote on it. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

The court's opinion filed on July 7, 1980 is withdrawn...

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