What is the test for a motion for a rehearing of a motion to overturn a finding of not timely filing?
MultiRegion, United States of America
The following excerpt is from United States v. Smith, 451 F.2d 1027 (9th Cir. 1971):
Appellant has submitted to the clerk a Petition for Rehearing which, although not timely made, is now ordered to be filed. Appellant relies on United States v. Baray, 445 F.2d 949 (9th Cir. 1971), decided after the opinion herein, 443 F. 2d 1278, was filed.
The court has considered the petition and concludes that it must be denied on the basis of our opinion in United States v. Stupke, 451 F.2d 997 (9th Cir. 1971).
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