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UNITED STATES v. POWELL

No. 82-1473.

719 F.2d 1480 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Betty Lou POWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 10, 1983.

Attorney(s) appearing for the Case

Charles F. Gorder, Jr., Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Barry D. Utsinger, Utsinger & Williamson, San Diego, Cal., for defendant-appellant.

Before CHAMBERS, FLETCHER and NELSON, Circuit Judges.

ON GOVERNMENT'S PETITION FOR REHEARING

The petition for rehearing chides us for not having discussed Dunn v. United States, 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356 (1931), and its rule that inconsistent verdicts do not require reversal, but may be viewed as a demonstration of the jury's leniency. Id. at 393, 52 S.Ct. at 190. This circuit follows the Dunn rule but, with other circuits, acknowledges that there...

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