588 F.2d 1312
UNITED STATES of America, Plaintiff-Appellee,
v.
Steven LAMBRECHT, Defendant-Appellant.
No. 77-1779.
United States Court of Appeals,
Ninth Circuit.
Jan. 4, 1979.
Appeal from the United States District Court for the Western District of Washington; Walter T. McGovern, Chief Judge.
David F. Stobaugh, Seattle, Wash., for defendant-appellant.
Charles Pinnell, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.
Before DUNIWAY and KILKENNY, Circuit Judges, and SKOPIL,* District Judge.
PER CURIAM:
This court now having decided the case of Cooper v. Fitzharris, 9 Cir., 1978, In banc, 586 F.2d 1325, this case is submitted for decision.
The order appealed from, denying Lambrecht's motion for a new trial, is vacated and the case is remanded to the district court for further consideration in the light of this court's opinion in Cooper v. Fitzharris, supra.
The Honorable Otto R. Skopil, Jr., Chief Judge, United States District Court for the District of Oregon, sitting by designation