Court of Appeals for the Ninth Circuit October 8, 1976, 74-2012, 74-2338 (United States v. Nicholas Sand, United States of America v. Robert Timothy Scully)

-DUNIWAY, Circuit Judge:

Decision in this case has been deferred pending decision by the Supreme Court in

United States v. Miller,

425 U.S. 435, 96 S.Ct. 1619, 48 L.Ed.2d 71, decided April 21, 1976. We now submit the case and decide it.