UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT J. KUHN, JOSE C. DAVILA, AND DOYLE E. HUCKABEE, DEFENDANTS-APPELLANTS

5th Cir. | 1981-02-23
No. 80-1207
Before GEE, RUBIN and RANDALL, Circuit Judges.
638 F.2d 17 Court of Appeals for the Fifth Circuit (1981) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM:

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.

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


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