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UNITED STATES v. WINGENDER

No. 85-5112.

790 F.2d 802 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Elbert WINGENDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 30, 1986.

Attorney(s) appearing for the Case

John Heisner, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

John S. Moot, Federal Defender, Michael McCabe, San Diego, Cal., Michael S. Meza, Cerritos, Cal., for defendant-appellant.

Before FARRIS, PREGERSON and NORRIS, Circuit Judges.

ORDER GRANTING PETITION FOR REHEARING FOR REHEARING

Following the filing of our opinion in United States v. Bogart, 783 F.2d 1428 (9th Cir.1986), defendant Wingender petitioned for his case to be reheard under Fed.R.App.P. 40. We grant Wingender's petition for rehearing, vacate our previous order affirming his conviction and awarding costs to the government, and remand the matter to the district court.

In his papers...

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