David Perea Romero, Ronald Eugene Tickle v. United States

415 F.2d 478 David Perea ROMERO, Ronald Eugene Tickle, Appellants, v. UNITED STATES of America, Appellee. No. 21686. No. 21686-A. United States Court of Appeals Ninth Circuit. August 25, 1969. Thomas R. Sheridan (argued), of Simon, Sheridan, Murphy, Thornton & Medvene, Los Angeles, Cal., for appellants. Jo Ann Dunn (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee. ORDER FOR REMAND Before CHAMBERS and ELY, Circuit Judges, and ROGER D. FOLEY, District Judge. * PER CURIAM. 1 Pending the court's disposition of the appellants' petitions for rehearing, the government has moved, in effect, that the court withdraw the opinion issued by it on February 12, 1969, 408 F.2d 364 , and that the causes be remanded to the district court for further proceedings. The government supports its motion by the affidavit of William Matthew Byrne, Jr., United States Attorney for the Central District of California. Mr. Byrne represents that it has been ascertained that the convictions were corrupted by per-jurious testimony given by certain witnesses for the prosecution without the knowledge of the prosecuting authorities, at the time of the giving of the…