STOY DECKER, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
PER CURIAM.
On consideration of the briefs and files and records in this case, the judgment of the District Court is affirmed, for the reasons set forth in the Order of the District Judge, dated July 9, 1969. Decker v. United States, 310 F.Supp. 674 (W.D.Ky.1969). See also Graham v. United States, 407 F. 2d 1313 (6th Cir. 1969).
McCREE, Circuit Judge
(dissenting).
I dissent. I would reverse the decision of the District Court for the reasons stated by Judge Sobeloff in United States v. Miller, 406 F. 2d 1100 (4th Cir. 1969), a case holding that the Supreme Court’s decision in Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923 (1968), should be given retrospective effect. See also United States v. Lucia, 416 F. 2d 920 (5th Cir. 1969), holding, in an opinion by Judge Wisdom, that retrospective effect should be given the related decisions of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968), and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 716, 19 L.Ed.2d 906 (1968).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harrington v. United States, 444 F.2d 1190 (5th Cir. 1971)
-
Gareau v. United States, 474 F.2d 24 (6th Cir. 1973)
Authorities Cited
- Marchetti v. United States, 390 U.S. 39 (U.S. 1968)
- Grosso v. United States, 390 U.S. 62 (U.S. 1968)
- Haynes v. United States, 390 U.S. 85 (U.S. 1968)
- United States v. Lucia, 416 F.2d 920 (5th Cir. 1969)
- Nat'l Labor Relations Bd. v. Triangle Plastics, Inc., 406 F.2d 1100 (6th Cir. 1969)
- Graham v. United States, 407 F.2d 1313 (6th Cir. 1969)