United States v. Donald Lavern Culbert

581 F.2d 799

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.