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UNITED STATES v. BOYD

No. 72-1252.

473 F.2d 674 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Allen BOYD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 22, 1973.

Attorney(s) appearing for the Case

Jerome Fishkin (argued), San Francisco, Cal., for defendant-appellant.

John F. Cooney, Jr., Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and MURRAY, District Judge.

ORDER

The cause is ordered submitted.

On the authority of United States v. D'Arcey (9th Cir. en banc 1972) 471 F.2d 880, the judgment is reversed with directions to dismiss the indictment.

JAMES M. CARTER, Circuit Judge (dissenting):

The order in this case relies for reversal on United States v. D'Arcey (9 Cir. in banc) 471 F.2d 880. That case reversed D'Arcey's conviction...

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