(concurring):
I concur in the result, and I concur in all of the majority’s opinion except the sentence therein which broadly states the following: “The judgment of conviction in the first case was then final.”
I disagree with the quoted sentence, since absent a specific directive under the authority of Rule 2, Fed.R.App. Proc., a judgment of a Court of Appeals is not “final” on the date of the filing of the opinion. See, e. g., those provisions prescribing a period within which a petition for rehearing may be filed in the Court of Appeals or a petition for writ of certiorari filed in the Supreme Court of the United States. Rule 40, Fed.R.App.Proc., 28 U.S.C. § 2101(c).