Eddie Lawrence Phillips v. United States

538 F.2d 586, 1976 U.S. App. LEXIS 8757

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 2, 1976
• Docket: 73-2516
• Status: Published

Opinions

PER CURIAM:

In an opinion filed June 3, 1975, the majority of the court sitting en banc vacated the prior panel decision, United States v. Phillips, 502 F.2d 227 (4th Cir. 1974), but for variant reasons reversed the conviction and remanded for a new trial. Subsequently a petition for a writ of certiorari was granted by the Supreme Court, and on March 22, 1976, our judgment was vacated and the cause remanded for further consideration in light of United States v. Gaddis, 424 U.S. 544, 96 S.Ct. 1023, 47 L.Ed.2d 222 (1976).

We have now reconsidered in light of Gaddis and affirm the judgment of conviction below.

AFFIRMED.