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UNITED STATES v. SANTORA
United States Court of Appeals, Ninth Circuit.
Nov 26, 1979
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ORDER
The opinion heretofore filed, 9 Cir., 600 F.2d 1317, is amended by deleting the following language at page 2573, at the end of the first full paragraph in the right-hand column of the printed slip opinion [600 F.2d at 1322.]:
"Since Cohn's conversations must be suppressed, his conviction must be reversed for insufficient evidence. Because Cohn cannot be retried ( Greene v. Massey (1978) 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15), we need not reach the question whether his right to a speedy trial was violated."
Footnote 2 is inserted following the words "traffic with Paul Harmon" in the same paragraph.
The text of footnote 2 shall read as follows:
"We have examined Cohn's speedy trial claim and are satisfied it does not meet the four-part test laid down by the Supreme Court in Barker v. Wingo (1972) 407 U.S. 514, 530-33, 92 S.Ct. 2182, 33 L.Ed.2d 101."
The Government's petition for rehearing is denied.
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