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UNITED STATES v. COLYER

No. 77-5259.

576 F.2d 1249 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Eugene COLYER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1978.

Attorney(s) appearing for the Case

Donald Eugene Colyer, pro se.

Werner A. Powers, Dallas, Tex. (Court-appointed), for defendant-appellant.

Kenneth J. Mighell, U.S. Atty., R. H. Wallace, Jr., Gerhard Kleinschmidt, Ronald C. H. Eddins, Asst. U.S. Attys., Fort Worth, Tex., for plaintiff-appellee.

Before WISDOM and GEE, Circuit Judges, and VAN PELT, District Judge.

On Petition for Rehearing (Opinion April 21, 1978, 5 Cir., 571 F.2d 941)

PER CURIAM:

On consideration of the Petition for Rehearing filed in the above entitled and numbered case the opinion heretofore filed is amended by striking from the second line of the first complete paragraph on 7 (paragraphs numbered 4 and 5 of the printed opinion) the following: "under Fed.R.Crim.P. 52(a)." and inserting in lieu thereof the following...

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