
    The UNITED STATES of America, Plaintiff-Appellee, v. Martin Chavez LOPEZ, Defendant-Appellant.
    No. 73-2077.
    United States Court of Appeals, Fifth Circuit.
    May 10, 1974.
    Gerald M. Birnberg, Houston, Tex. (Court-appointed), for defendant-appellant.
    Jamie C. Boyd, Asst. U. S. Atty., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.
    Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.
   PER CURIAM:

Treating this as an allowance by the Court of an out-of-time direct appeal (and not a § 2255 collateral attack), we hold that since the very same action by the Trial Court in this very same trial was held to be error as to his eodefend-ant Garza in United States v. Garza, 5 Cir., 1970, 426 F.2d 949, 953-955, reversal and remand for a new trial is likewise called for as to Lopez.

Reversed and remanded.  