United States v. Houltin

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 76-4107; 566 F.2d 1027, reh. den. 572 F.2d 320, cert. den. 439 U.S. 826, reh. den. 439 U.S. 997, and reh. den. Phillips v. United States, 439 U.S. 998 (1978) Dissenting opinion of Judge Wisdom. Judge Ainsworth revised his proposed majority opinion in light of the proposed Wisdom dissent, which was then, in turn, revised. Judge Goldberg, not a member of the panel, found himself in agreement with the views expressed in the Wisdom dissent, and requested an en banc poll. This a majority of the court rejected. Includes original opinion of Judge Ainsworth; original dissenting opinion of Judge Wisdom; TLS of Judge Ainsworth on revision of his proposed opinion; and, TLS of Judge Wisdom on revision of his proposed dissent. Also includes TLS of Judge Goldberg on the opinions and on en banc reconsideration of the case as appropriate. And includes memoranda on the en banc poll, among which, memorandum (bearing ANS) of Judge Gee, TLS (and draft) of Judge Wisdom, and TLS of Judge Ainsworth, on the merits.