United States v. Donald Eugene Colyer

576 F.2d 1249, 1978 U.S. App. LEXIS 10025

Opinion

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: “beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).” whereby the sentence will read as follows:

“However, we find that any error in this case was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).”

Upon consideration of the Petition for Rehearing

IT IS ORDERED that the same be and is hereby overruled and denied.