John Owen TYLER, Appellant, v. UNITED STATES of America, Appellee, 404 F.2d 409

PER CURIAM: The language in Grosso v. United States, 390 U.S. 62, 71, 88 S.Ct. 709, 19 L.Ed.2d 906 (1968), makes it clear that there are factual situations in which the Fifth Amendment privilege defined in Grosso, supra, and Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968), may be waived. The record here affirmatively establishes waiver by this defendant within the meaning of Grosso, supra. Petition for rehearing, therefore, is hereby Denied.