United States v. Albert James Goodheim

*755ORDER

Before FLETCHER, PREGERSON, and REINHARDT, Circuit Judges.

The government petitions for rehearing, addressing the retroactivity issue which it failed to discuss in its responsive brief although it had been raised and argued in appellant’s opening brief. The government does not contend that our decision, 651 F.2d 1294, is inconsistent with any prior Ninth Circuit decision, including United States v. Potts, 528 F.2d 883 (9th Cir. 1975) (en banc), nor does it contest our view that Potts is controlling. Rather, the government argues only that our decision is in conflict with decisions of…