dissenting:
I would affirm the action of the district court in this case. It is my view that a remand to the district court for the entry of findings of fact is a waste of judicial time on the part of both this court and the district court. The record before us is sufficient by my standards to justify affirmation of the appellant’s conviction and does not justify a further waste of judicial time in pursuit of a legal trivia.
JUDGMENT
PER CURIAM.On April 25, 1973 an order was entered remanding the record to the District Court for further proceedings consistent with the opinion filed herein on the same date. The record has been returned supplemented by the remand proceedings. On consideration of the foregoing, it is
Ordered and adjudged by this Court that the judgment of the District Court appealed from in this cause is hereby affirmed.
The duty of counsel is fully discharged without filing a suggestion for rehearing en banc unless the case meets the rigid standards of Federal Rule of Appellate Procedure 35(a).