United States v. Murphy Albert Lewis

GEWIN, Circuit Judge:

On Petition for Writ of Certiorari, the Supreme Court has ordered 1 the judgment rendered by this court in United States v. Lewis, 492 F.2d 126 (5th Cir. 1974) vacated and the case remanded for further consideration in light of Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). Having followed the directive of the Court, we reinstate the Government’s appeal, 18 U.S.C.A. § 3731 (1970), and after examination of the issue presented, affirm the order of the district court dismissing the indictment of Murphy Albert Lewis. 2

The operative facts are not…