Gill v. United States
| Decision Date | 30 March 1964 |
| Docket Number | No. 20773.,20773. |
| Citation | 330 F.2d 241 |
| Parties | Bobby Ray GILL, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Bobby Ray Gill, pro se.
William A. Kimbrough, Jr., Asst. U. S. Atty., Mobile, Ala., Vernol R. Jansen, Jr., U. S. Atty., for appellee.
Before RIVES, JONES and WISDOM, Circuit Judges.
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.
I believe the original opinion is sound and that the Court should adhere to it. So believing, I dissent.
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...1964); Pike v. United States, 330 F.2d 53 (5th Cir. 1964); Gill v. United States, 325 F.2d 505 (5th Cir. 1964), rev'd on rehearing 330 F.2d 241 (5th Cir. 1964); Doyle v. United States, 336 F.2d 640 (9th Cir. 1964); Burleson v. United States, 340 F.2d 387 (8th Cir. 1965); Davis v. Johnson, 3......
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Gill v. United States, 28222. Summary Calendar.
...5 Cir. 1964, 325 F.2d 505. Rehearing was granted and the judgment was reversed to require that Gill be given a hearing. Gill v. United States, 5 Cir. 1964, 330 F.2d 241. After a hearing, the District Court denied the motion on January 15, 1965. Appeal from this order was dismissed as untime......
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