United States v. Soto

File — Folder: 5

Identifier: Folder 5

Staff Only

No. 74-1228; 504 F.2d 557 (1974) At conference the panel agreed that the case was controlled by United States v. Bueno, 447 F.2d 903 (1971), and United States v. Oquendo, 490 F.2d 161 (1974). Judge Wisdom accordingly circulated a per curiam opinion to reverse. A copy of the proposed opinion was inadvertently delivered to Judge Rives, rather than Judge Tuttle, for whom it was intended. Judge Rives suggested a possible basis for affirmance, and Judge Wisdom revised the opinion to affirm. Includes TLS of Judge Gee on the judges' conference agreement and the merits. Also includes opinion to reverse of Judge Wisdom; TLS of Judge Rives on the proposed opinion to reverse; proposed reversal bearing holograph revisions of Judge Wisdom, to affirm; TL (and holograph draft) of Judge Wisdom on the conference agreement, the dissenting opinion of Judge Gee in Oquendo, the Rives suggestions and his opinion as revised; and, TLS of Judge Gee on the revised opinion.