John J. Vaccaro v. United States

BY THE COURT:

This case having been heard by the Court en banc pursuant to the order heretofore entered on August 17, 1971, it is ordered that the en banc Court con*628vened to consider this case is hereby dissolved and the case is hereby restored to the docket and reassigned to the original panel of Judges Brown, Gewin and Thornberry.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBER-RY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Until May 19, 1969, a jury in a Federal marijuana prosecution involving alleged violations of 21 U.S.C.A. § 176a1 was likely to be instructed that proof of…