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United States v. Pitner

filed: May 4, 1994.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT PITNER, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, V. DAVID M. HANSON, DEFENDANT-APPELLANT.



On Remand from the United States Supreme Court. D.C. No. CR-88-0355-JPV.

Before: Cynthia Holcomb Hall and Charles Wiggins, Circuit Judges, and James M. Burns,*fn* Senior District Judge.

Order

Upon consideration of the Supreme Court's decision in Pitner v. United States, 127 L. Ed. 2d 70, 114 S. Ct. 873 (1994), and Hanson v. United States, 127 L. Ed. 2d 70, 114 S. Ct. 873 (1994), we hereby withdraw the opinion, see 979 F.2d 156 (9th Cir. 1993), and unpublished memorandum, see Nos. 90-10299, 90-10318 (9th Cir. Nov. 2, 1992), in the above-captioned cases.

Further, we reverse and remand the appellants' cases for a new trial consistent with Ratzlaf v. United States, 126 L. Ed. 2d 615, 114 S. Ct. 655 (1994).

REVERSED and ...


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