Legal Opinion

Bobby Ray Gill v. United States

Court of Appeals for the Fifth Circuit

Decided March 30, 1964No. 20773PublishedCited by 3 opinions

1Per curiam

The Court permits a delayed filing of a petition for rehearing.

The opinion and judgment of this Court rendered on January 2, 1964 appears to be in conflict with opinions in No. 20,487, Pike v. United States, 330 F.2d 53, and No. 20,698, Romero v. United States, 5 Cir., 1964, 327 F.2d 711. Upon further consideration, we think that the two later opinions more closely accord with the view of the Supreme Court in Bishop v. United States, 1956, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835, and that a different result is not permitted by Machibroda v. United States, 1962, 368 U.S. 487, 495, 496, 82…

2Cases cited5 opinions

  1. MacHibroda v. United StatesSupreme Court of the United States · 1962
  2. Bishop v. United StatesSupreme Court of the United States · 1956
  3. V. P. Serodino, Inc. v. United StatesSupreme Court of the United States · 1956
  4. Richard Albert Romero and Earl Roy Wallace v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  5. James Eugene Pike v. United StatesCourt of Appeals for the Fifth Circuit · 1964

3Cited by3 opinions

  1. State v. RobbinsNew Mexico Supreme Court · 1967
  2. Bobby Ray Gill v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. Bobby Ray Gill v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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