586 F.2d 682 - United States v. Donoho — 586 F.2d 682

How this case has been cited

Cited by 5 later decisions — most recently January 1998

5 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1David M. Heller (argued), Phoenix, Ariz., for appellant.

¶2Kenneth L. Fields (argued), Phoenix, Ariz., for appellee.

¶3JUDGMENT AND ORDER

¶4Before BARNES and CHOY, Circuit Judges, and LYDICK,* District Judge.

¶5It appearing that the Supreme Court of the United States having on October 2, 1978, granted the petition to it for a Writ of Certiorari on behalf of the appellant, Benson Joseph Donoho [-U.S.-, 99 S.Ct. 68, 58 L.Ed.2d 102]; and

¶6It appearing that the Supreme Court vacated the judgment of this Court in the above entitled matter, and remanded the cause to this Court:

¶7“[f]or further consideration in light of the position presently asserted by the Solicitor General in his memorandum filed September 5, 1978” ; and

¶8It appearing that the Solicitor General in said memorandum stated:

¶9“[t]he case should be remanded to (the Court of Appeals) (1) either for consideration in the light now taken by the United States, or (2) with instructions that the district court’s judgment be vacated and the case be remanded to that court for a new trial.”

¶11 *683NOW, THEREFOR, it is the Judgment and Order of this Court (1) that the previous mandate of this Court issued by this Court on June 5, 1978, is vacated; (2) that the cause is remanded to the district court, with instructions that its judgment of conviction be vacated, and that the case is remanded to the district court for a new trial in accordance with the remand to this Court by the Supreme Court of the United States.