Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Bobby Ray GILL, Appellant, v. UNITED STATES of America, Appellee.

PER CURIAM.

The Court permits a delayed filing of a petition for rehearing.

The opinion and judgment of this Court rendered on January 2, 1964 appears to be in conflict with opinions in No. 20,487, Pike v. United States, 330 F.2d 53, and No. 20,698, Romero v. United States, 5 Cir., 1964, 327 F.2d 711. Upon further consideration, we think that the two later opinions more closely accord with the view of the Supreme Court in Bishop v. United States, 1956, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835, and that a different result is not permitted by Machibroda v. United States, 1962, 368 U.S. 487, 495, 496, 82 S.Ct. 510, 7 L.Ed.2d 473.

The petition for rehearing is therefore granted and the judgment of the district court is reversed for further proceedings in accordance with the opinions in Pike and Romero, supra.

Reversed and remanded.

JONES, Circuit Judge (dissenting).

I believe the original opinion is sound and that the Court should adhere to it. So believing, I dissent.

Use AI to get other relevant cases.

Comments

GILL v. UNITED STATES
(Mar 30, 1964)