(concurring).
I concur, but think that I should express my view of the limitations of our holding in United States v. Gebhart, 441 F.2d 1261 (1971). In Gebhart we did not reach the question of whether a good faith belief that the activity carried on was legal under state law would be a defense, if such belief was the product of official advice to that effect. We said:
“In order to assert a defense of mistake of law based upon a good faith reliance on the representations of public officials, the Appellants must demonstrate that they received communications from public officials in a situation in which reliance would have been justified.”
There was no evidence that the appellants there had received official advice that bingo, as carried on by Gebhart and others, was legal in Kentucky.