United States v. Roundtree

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 26,986; 420 F. 2d 845 (1969) Judges Carswell and Roberts had concurred, when Judge Tuttle objected to language contained in the proposed opinion of Judge Wisdom in the case. He then indicated that he would not pursue the matter further, in view of the opinion in United States v. Heffner, 420 F. 2d 809 (4th Cir. 1969). Chief Judge Brown had in the meantime entered the discussion, due to his concern with the opinions to be written in the pending and similar cases of United States v. Newman, 441 F.2d 165 (1971) and United States v. Prudden, 424 F.2d 1021 (1970). These he had heard on a panel with Judges Coleman and Clark. He requested that Roundtree not be released, and urged Judge Tuttle to reexamine his position. The opinion was clarified on petition for rehearing, at Judge Tuttle's request. Includes proposed opinion of Judge Wisdom; TL of Judge Carswell on the opinion as proposed; TLS of Judge Tuttle, TLS (and draft TL) of Judge Wisdom, and TLS of Chief Judge Brown, on the merits, the proposed opinion of Judge Wisdom, and on certain suggested changes in the proposed opinion. Also includes TL of Judge Wisdom on the position of Judge Tuttle regarding Roundtree, and on Newman,Pruden, and United Statas v. Mercurio, 418 F.2d 1213 (1969) . And includes TLS of Chief Judge Brown on Roundtree, Stuart v. United States, 416 F.2d 459 (1969), Newman and Prudden, and on reconsideration of Roundtree as appropriate; and, TLS of Judge Wisdom on Stuart and Roundtree. And includes TLS of Judge Tuttle on the merits and proposed opinion in Roundtree and on a certain suggested modification of the opinion as appropriate; TLS of Judge Wisdom on revision of Roundtree, and on the opinion of Judge Clark in Prudden; TLS of Judge Clark on his proposed Prudden opinion; and, TLS of Chief Judge Brown on the merits in these cases, generally.