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United States v. Winston Bryant McConney

Citations: 669 F.2d 570; 1982 U.S. App. LEXIS 22601Docket: 80-1012

Court: Court of Appeals for the Ninth Circuit; January 15, 1982; Federal Appellate Court

Narrative Opinion Summary

The case of United States v. Winston Bryant McConney, No. 80-1012, involves a decision by the United States Court of Appeals for the Ninth Circuit. The court ordered that the case be reheard by an en banc panel, which consists of a majority of the regular active judges, effectively withdrawing the previous assignment to a three-judge panel. This decision follows Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit, indicating a significant level of interest or complexity in the case that warrants further review by the full court.

Legal Issues Addressed

Rehearing En Banc under Ninth Circuit Rule 25

Application: The court applied Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit to decide that the case should be reheard by an en banc panel, indicating the case's complexity or significance.

Reasoning: The court ordered that the case be reheard by an en banc panel, which consists of a majority of the regular active judges, effectively withdrawing the previous assignment to a three-judge panel.

Withdrawal of Three-Judge Panel Assignment

Application: The initial assignment of the case to a three-judge panel was withdrawn to allow for a rehearing by the full court, highlighting procedural adjustments in response to the case's importance.

Reasoning: The court ordered that the case be reheard by an en banc panel, which consists of a majority of the regular active judges, effectively withdrawing the previous assignment to a three-judge panel.