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UNITED STATES v. RUBIO

Nos. 80-1577, 80-1584, 80-1586, 80-1587, 80-1592 and 80-1631.

727 F.2d 786 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Frank RUBIO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald Harrison ELLEDGE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald Duane SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John PALOMAR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alan David PASSARO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bert Samuel STEFANSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1983.

Order December 20, 1983.

Modified February 29, 1984.

Attorney(s) appearing for the Case

Sanford Svetcov, Robert Mueller, III, Asst. U.S. Attys., San Francisco, Cal., for the U.S.

Richard B. Mazer, San Francisco, Cal., for Rubio.

Arlene West, Oakland, Cal., for Elledge.

Du Bois & Hove, Richard E. Hove, Oakland, Cal., for Smith.

Judd Iversen, San Francisco, Cal., for Palomar.

Robert Carey, Palo Alto, Cal., for Passaro.

Ray Archuleta, San Francisco, Cal., for Stefanson.

Before ANDERSON and POOLE, Circuit Judges, and TAKASUGI, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

ORDER

A majority of the panel in the above case has voted to deny the petition for rehearing and to reject the en banc suggestion. Judge Poole would grant rehearing and accept the en banc suggestion.

The opinion and dissent filed herein on April 14, 1983 are withdrawn and the attached Opinion on Denial of Petition for Rehearing and the Dissent are substituted therefor.

The full court has been advised of...

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