United States v. Wallace A. Shackelford

ELY, Circuit Judge

(dissenting):

I respectfully dissent. My disagreement with my Brothers rests upon my interpretation of United States v. Cooper, 465 F.2d 451 (9th Cir. 1973), United States v. Ingman, 426 F.2d 973 (9th Cir. 1970), and Buatte v. United States, 330 F.2d 342 (9th Cir. 1964). I concede that there are factual distinctions between these three cases and the case at hand. I cannot, however, bring myself to the conclusion that the factual differences are of such significance as to warrant the majority’s holding that Cooper, Ingman, and Buatte are not controlling. I would reverse.