United States v. Alvin Olanda Gilbert

This Court’s opinion is reported at 537 F.2d 118, in which we affirmed the conviction of appellant Gilbert.

The Supreme Court of the United States on February 28, 1977, - U.S. -, 97 S.Ct. 1169, 51 L.Ed.2d 578 vacated the judgment and remanded the case to this Court for reconsideration “in light of the position presently asserted by the government.” The government’s position was based on the recent cases of Solimine v. United States, 429 U.S. 990, 97 S.Ct. 517, 50 L.Ed.2d 603 (1976) and United States v. Gaddis, 424 U.S. 544, 96 S.Ct. 1023, 47 L.Ed.2d 222 (1976) to the effect that a jury verdict…