United States v. Donald Lavern Culbert

581 F.2d 799

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 8, 1978
• Docket: 76-1860
• Status: Published

Opinions

ORDER

The Supreme Court of the United States reversed the judgment of the Ninth Circuit Court of Appeals in United States v. Cul-bert, 548 F.2d 1355, and held valid the conviction of Culbert on Count 2 for violation of the Hobbs Act, 18 U.S.C. § 1951, United States v. Culbert, 435 U.S. 371, 98 S.Ct. 1112, 55 L.Ed.2d 349 (1978). The case is again before us.

The conviction for robbery in Count 1 is reversed for the reasons set forth in our first opinion, Culbert, supra.

The conviction in Count 2 for violation of the Hobbs Act, 18 U.S.C. § 1951, is affirmed.

No petition for rehearing will be entertained. The mandate will be issued and spread forthwith.