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United States v. Cleary

United States Court of Appeals, Ninth Circuit
Jul 26, 1982
683 F.2d 313 (9th Cir. 1982)

Opinion

No. 80-1557.

July 26, 1982.

Marc B. Geller, San Diego, Cal., for defendant-appellant.

George D. Hardy, Asst. U.S. Atty., San Diego, Cal., argued for plaintiff-appellee; M. James Lorenz, U.S. Atty., George D. Hardy, Asst. U.S. Atty., San Diego, Cal., on brief.

Appeal from the United States District Court for the Southern District of California; Leland C. Nielsen, Judge.

Before WRIGHT and NELSON, Circuit Judges, and EAST, District Judge.

Honorable William G. East, Senior United States District Judge, District of Oregon, sitting by designation.


Following our opinion of May 18, 1981, as corrected on September 8, 1981 ( 656 F.2d 1302), the government petitioned for a writ of certiorari. The writ was granted by the Supreme Court of the United States.

On June 14, 1982, that Court vacated the judgment of this court and remanded for further consideration in light of United States v. Ross, 456 U.S. ___, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982).

Having considered that opinion, we conclude that Ross controls. This court's opinion is vacated, the judgment of the district court is AFFIRMED, and the mandate of this court shall issue now.


Summaries of

United States v. Cleary

United States Court of Appeals, Ninth Circuit
Jul 26, 1982
683 F.2d 313 (9th Cir. 1982)
Case details for

United States v. Cleary

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. LAWRENCE WILLIAM CLEARY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 26, 1982

Citations

683 F.2d 313 (9th Cir. 1982)

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