Opinion · Court of Appeals for the Fifth Circuit

Howard C. Good v. United States

415 F.2d 771

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1969-08-28
Topic
general

ON PETITION FOR REHEARING PER CURIAM: Appellant having been convicted of violation of 21 U.S.C. § 174 and 26 U.S.C. § 4704, involving heroin, contends in his petition for rehearing that his conviction should be reversed because of Leary v. United States, May 19, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, and United States v. Covington, May 19, 1969, 395 U.S. 57, 89 S.Ct. 1559, 23 L.Ed.2d 94. Appellant’s contention is without merit. Leary v.

Citator

UpLaw has not yet analyzed Howard C. Good v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
5 opinions
GOOD v. UNITED STATES,415 F.2d 771(5th Cir. 1969)
Howard C. GOOD, Appellant, v. UNITED STATES of America, Appellee.
No. 26082 Summary Calendar.
United States Court of Appeals, Fifth Circuit.
August 28, 1969.
Page 772
Clyde W. Woody, Marian S. Rosen, Woody Rosen, Houston, Tex., for appellant Howard C. Good.

Morton L. Susman, U.S. Atty., James R. Gough, Homero M. Lopez, Carl Walker, Jr., Asst. U.S. Attys., Houston, Tex., for appellee.
Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.
ON PETITION FOR REHEARING
PER CURIAM:
Appellant having been convicted of violation of 21 U.S.C. § 174 and 26 U.S.C. § 4704, involving heroin, contends in his petition for rehearing that his conviction should be reversed because of Leary v. United States, May 19, 1969,395 U.S. 6,89 S.Ct. 1532,23 L.Ed.2d 57, and United States v. Covington, May 19, 1969,395 U.S. 57,89 S.Ct. 1559,23 L.Ed.2d 94. Appellant's contention is without merit. Leary v. United States,89 S.Ct. 1532,1553n. 92; United States v. Walker, 5th Cir. 1969,414 F.2d 876; United States v. Lugo-Baez, 8th Cir. 1969,412 F.2d 435; United States v. Perea, 10th Cir. 1969,413 F.2d 65.

Therefore, it is ordered that the petition for rehearing in the above entitled and numbered cause be, and the same is hereby, denied.Page 773