Leon Bearden v. United States

TUTTLE, Chief Judge.

Appellant was convicted under three counts in the United States District Court for the Western District of Texas, in El Paso, count one charging the crime of kidnapping,1 count three2 charging theft of an aircraft in interstate commerce 3 and count six charging the crime *101of obstructing commerce.4 From his conviction appellant took an appeal to this court which affirmed the conviction by a divided court.5 The Supreme Court vacated6 that judgment of this court under the rule of Elchuk v. United States, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, in that government counsel…