David H. Mitchell v. United States

GARDNER, Chief Judge.

This case is before us for the second time pursuant to a judgment of the United States Supreme Court which vacated the judgment of this court and remanded it “for consideration in the light of Holland v. United States [348 U.S. 121, 75 S.Ct. 127], Friedberg v. United States [348 U.S. 142, 75 S.Ct. 138], Smith v. United States [348 U.S. 147, 75 S.Ct. 194], and United States v. Calderon [348 U.S. 160, 75 S.Ct. 186]. We have not considered the merits of these cases, nor have we determined their relationship to our recent opinions, supra, believing that reexamination by the…