Killian v. United States (1961)
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People v. Eastman (1962)
(See Jordan v. United States, 233 F. 2d 362, 368-369 , the opinion below; see, also, Lampe v. United States, 288 F. 2d 881 , supra, in which the court explains the Jordan decision as involving “ exceptional circumstances ” and not the general rule.) In Hodges v. United States ( 282 F. 2d 858 , cert, granted 365 U. S. 810 ) the defendant failed to appeal.