United States v. Robert J. Kuhn, Jose C. Davila, and Doyle E. Huckabee

638 F.2d 17, 1981 U.S. App. LEXIS 19939

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 23, 1981
• Docket: 80-1207
• Status: Published

Opinion

PER CURIAM:

In our original opinion, we decided the merits of this attempted Abney 1 -type appeal on the assumption that we had jurisdiction to do so, expressly reserving that question. Since then it has been determined that we lack such jurisdiction. United States v. Becton, 632 F.2d 1294 (5th Cir. 1980). What we earlier wrote on the merits is therefore of no effect. We withdraw it. The appeal is

DISMISSED.

1 . Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977).