United States v. Felipe Cervantes

ELY, Circuit Judge

(concurring):

Under the compulsion of certain Supreme Court decisions, cited in the majority’s opinion, I concur.

At the same time, however, my sense of intellectual integrity requires that I- note my adherence to the opinion of our court in Groshart v. United States, 392 F.2d 172 (9th Cir. 1968), an opinion expressing views recently followed by the Supreme Court of California in People v. Disbrow, 16 Cal.3d 101, 127 Cal.Rptr. 360, 545 P.2d 272 (1976).

It should be noted also that I do not retreat from the approach expressed by me separately in Velarde- Villarreal v. United States, 354 F.2d 9, at 13 (9th Cir. 1965).