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United States v. Zolin

United States Court of Appeals, Ninth Circuit
Jul 5, 1988
850 F.2d 610 (9th Cir. 1988)

Opinion

Nos. 85-6065, 85-6105.

July 5, 1988.

Before BROWNING, TANG, PREGERSON, ALARCON, NORRIS, REINHARDT, BEEZER, BRUNETTI, THOMPSON and LEAVY, Circuit Judges.


The opinion published at 842 F.2d 1135 is amended to include the following concurrence:


I write separately to make it clear that I believe the independent evidence rule has been and should continue to be the law of the circuit. See United States v. Shewfelt, 455 F.2d 836 (9th Cir.), cert. denied, 406 U.S. 944, 92 S.Ct. 2042, 32 L.Ed.2d 331 (1972). However, I cannot join the court's order because the majority has failed to make clear whether the order is a disposition on the merits, i.e., whether it constitutes en banc authority that the Shewfelt independent evidence rule is the law of the circuit. If the order is intended to be a disposition on the merits, it is internally inconsistent because an en banc panel cannot both decide a case on the merits and vacate as improvidently granted the order of the full court authorizing it to decide the case.


Summaries of

United States v. Zolin

United States Court of Appeals, Ninth Circuit
Jul 5, 1988
850 F.2d 610 (9th Cir. 1988)
Case details for

United States v. Zolin

Case Details

Full title:UNITED STATES OF AMERICA, PETITIONER/APPELLEE/CROSS-APPELLANT, v. FRANK S…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 5, 1988

Citations

850 F.2d 610 (9th Cir. 1988)

Citing Cases

United States v. Zolin

Pp. 574-575. 809 F.2d 1411, 842 F.2d 1135, and 850 F.2d 610, affirmed in part, vacated in part, and remanded.…