United States of America, and v. Barry Douglas Gearhart

The judgment of conviction is reversed. We are of the opinion that Chernekoff v. United States, 219 F.2d 721 (9th Cir. 1955) governs and that United States v. Lewis, 448 F.2d 1228 (9th Cir. 1971) is distinguishable from Chernekoff. Cf. Parrott v. United States, 370 F.2d 388 (9th Cir. 1966), cert. denied Lawrence v. United States, 387 U.S. 908, 87 S.Ct. 1690, 18 L.Ed.2d 625.