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U.S. v. REWALD

No. 87-1360.

835 F.2d 215 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald REWALD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1987.

As Amended January 7, and February 16, 1988.

Attorney(s) appearing for the Case

Ronald Rewald, San Pedro, Cal., for defendant-appellant.

John F. Peyton, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before WALLACE, ANDERSON and THOMPSON, Circuit Judges.

ORDER

Ronald Rewald filed a document entitled "Notice of Appeal" in his pending direct criminal appeal, No. 85-1353. When the notice was received, however, a new appeal was opened, No. 87-1360. The new appeal was then dismissed for lack of jurisdiction. Rewald now petitions for rehearing with a suggestion for rehearing en banc.

We construe the second notice of appeal as a motion for a limited remand to the district court to enable Rewald to challenge the...

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