(specially concurring) :
I concur in the result and in Part II of the opinion. As to Part I, on the threshold issue of whether this Court may properly exercise its appellate jurisdiction, I concur for reasons expressed in an opinion written by me in United States v. Caraway, 5 Cir. 1973, 474 F.2d 25, 28, but vacated as moot on rehearing en bane, 483 F.2d 215, under circumstances fully stated in the dissenting opinion, 483 F.2d 216-220. This Circuit’s en banc declaration of policy in United States v. Sepe, 5 Cir. 1973, 486 F.2d 1044, 1045, does not, in my opinion, preclude the present method of review where the defendant pleads not guilty but nontheless stipulates that the facts are as charged in the indictment. Compare United States v. Doyle, 2 Cir. 1965, 348 F.2d 715, 719.