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UNITED STATES v. BEALE

No. 80-1652.

731 F.2d 590 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. John Christopher BEALE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted June 27, 1983.

Decided October 24, 1983.

Attorney(s) appearing for the Case

Bruce R. Castetter, Asst. U.S. Atty., on the brief; Peter K. Nunez, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Dan Alfaro, Corpus Christi, Tex., Paul H. Duvall, San Diego, Cal., for defendant-appellant.

Before ELY, FLETCHER, and REINHARDT, Circuit Judges.

ELY, Circuit Judge:

On July 21, 1982, we issued an amended opinion reversing the District Court's judgment in the subject appeal. United States v. Beale, 674 F.2d 1327 (9th Cir.1982) ("Beale I"). On June 27, 1983, the Supreme Court vacated our opinion and issued its mandate.1 The mandate remands the cause to us and directs our "further consideration" of our opinion in the light of the Supreme...

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