United States v. Santora

ORDER The opinion heretofore filed, 9 Cir., 600 F.2d 1317 , is amended by deleting the following language at page 2573, at the end of the first full paragraph in the right-hand column of the printed slip opinion [ 600 F.2d at 1322 .]: “Since Cohn’s conversations must be suppressed, his conviction must be reversed for insufficient evidence. Because Cohn cannot be retried (Greene v. Massey (1978) 437 U.S. 19 , 98 S.Ct. 2151 , 57 L.Ed.2d 15 ), we need not reach the question whether his right to a speedy trial was violated.” Footnote 2 is inserted following the words “traffic with Paul Harmon” in the same paragraph. The text of footnote 2 shall read as follows: “We have examined Cohn’s speedy trial claim and are satisfied it does not meet the four-part test laid down by the Supreme Court in Barker v. Wingo (1972) 407 U.S. 514, 530-33 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 .” The Government’s petition for rehearing is denied.