UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE,
v.
BARRY DOUGLAS GEARHART, APPELLANT

9th Cir. | 1972-04-14
No. 72-1126
456 F.2d 1312 United States Court of Appeals for the Ninth Circuit (1972)

Opinion of the Court
PER CURIAM:

PER CURIAM:

The judgment of conviction is reversed. We are of the opinion that Chernekoff v. United States, 219 F. 2d 721 (9th Cir. 1955) governs and that United States v. Lewis, 448 F. 2d 1228 (9th Cir. 1971) is distinguishable from Chernekoff. Cf. Parrott v. United States, 370 F. 2d 388 (9th Cir. 1966), cert. denied Lawrence v. United States, 387 U.S. 908, 87 S.Ct. 1690, 18 L.Ed.2d 625.

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