United States v. Peltier

ALFRED T. GOODWIN, Circuit Judge:

James Robert Peltier’s appeal has been taken en banc so the full court can consider whether the rule announced by the Supreme Court in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), rev’g, 452 F.2d 459 (9th Cir. 1971), should be applied to similar cases pending on appeal1 on the date the Supreme Court’s decision was announced. We hold that it should, reverse Peltier’s conviction, and remand the matter to the district court.

Peltier was convicted of possessing marijuana, with intent to distribute, in violation of 21 U.S.C,…