
    No. 128,
    Misc.
    Vetterli v. United States.
    
      Robert W. Kenny for petitioner.
    
      Acting Solicitor General Stern, Assistant Attorney General Murray, Robert W. Ginnane and Robert G. Maysack for the United States.
   Per Curiam:

The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated and the case is remanded to the District Court for resentencing without taking into consideration defendant’s failure to testify.  