Richard E. Walsh v. United States

On March 3, 1967, we filed our first opinion in this case. Walsh v. United States, 374 F.2d 421 (9th Cir. 1967). The full history of the proceedings in this case, leading up to the filing of our opinion, appears in that opinion.

We closed our opinion by stating, at page 426:

Following the filing of our opinion and on March 14, 1967, appellant appeared before the District Court at a hearing on a motion of his surety to exonerate bail, it appearing that on December 2, 1966, appellant was enlarged on bail, pending disposition of his first appeal to this court. The bail was exonerated and appellant was remanded to custody. On that day appellant was informed by the District Court that he would be returned to the court and would be resentenced consistent with the terms of this court’s opinion upon receipt of the mandate of this court.

The mandate of this court remanding the ease to the District Court was received on May 2, 1967.

Nothing further appears of record until January 18, 1968, when appellant was brought before the District Court, at which time he was informed that through oversight appellant had been overlooked, but that the court would proceed to comply with the mandate of…