United States v. Joseph P. Lucia, (2 Cases)

I

The Court en banc is unanimously of the opinion that the panel, 416 F.2d 920, correctly decided that Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 should be applied retroactively. See Meadows v. United States, 9 Cir. 1969, 420 F.2d 795 (citing Lucia with approval); United States v. Miller, 4 Cir. 1969, 406 F.2d 1100. The Court therefore affirms the judgment of the panel.

The Court also finds that there is no necessary conflict between Lucia and United States v. Scardino, 5 Cir. 1969, 414…