United States v. Charles T. Bennett, Wilbert Haywood, Elmer Jessup, Henry Stanton and Farris Thomas

ON PETITIONS FOR REHEARING OF DEFENDANT FARRIS THOMAS

FRIENDLY, Circuit Judge:

Leave to file out-of-time petitions for rehearing of our decision in 409 F.2d 888 (2 Cir. 1969) was sought by appellant Farris Thomas pro se and later by counsel who had represented him on the appeal. We granted leave and requested the Government to answer.

The only point raised which merits discussion is that, in light of Chimel v. California, decided June 23, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), the address books containing Jessup’s telephone numbers and the business card of Austin Burke found…