
    United States, ex rel. Shott, Appellant, v. Tehan, Appellee.
    (No. 18042
    Decided February 28, 1968.)
    United States Court of Appeals, Sixth Circuit.
    
      Mr. James G. Andrews, Jr., Mr. John Kennedy Lynch and Mr. John A. Lloyd, Jr., for appellant.
    
      Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Calvin W. Prem, for appellee.
    Before Edwakds, Celebrezze and Combs, Circuit Judges.
   Per Curiam.

This is an appeal from the denial by the. District Court for the Southern District of Ohio of appellant’s second amended petition for writ of habeas corpus.

Petitioner contends that when this court reversed the denial of the first petition for habeas corpus (United States, ex rel. Shott, v. Tehan (6th Cir. 1964), 337 F. 2d 990, 31 O. O. 2d 182), and ordered the District Court to grant same, the order entered thereunder by the District Court effectively terminated the jurisdiction of the federal courts over the petitioner. The record shows, however, that in due course of authorized appellate procedure, the United States Supreme Court granted certiorari in relation to this court’s decision cited above and reversed same. Tehan v. United States, ex rel. Shott (1966), 382 U. S. 406, 86 S. Ct. 459, 15 L. Ed. 2d 453. This reversal nullified the effect of the prior orders of both this court and the District Court which had been entered in pursuance of the Sixth Circuit opinion. Eagles v. United States, ex rel. Samuels (1946), 329 U. S. 304, 67 S. Ct. 313, 91 L. Ed. 308.

On appellant’s second issue the District Court held that appellant’s complaints about prejudicial publicity did not come within the rule of Sheppard v. Maxwell (1966), 384 U. S. 333, 86 S. Ct. 1507, 16 L. Ed. 2d 600. We agree.

Judgment affirmed.  