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United States v. Jose Luis Magallon, United States of America v. Robert Gonzales, United States of America v. Luis E. Estrada-Hernandez, United States of America v. Gerardo Delgado-Garibay

Citation: 115 F.3d 695Docket: 96-10007

Court: Court of Appeals for the Ninth Circuit; June 5, 1997; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit, in the case numbers 95-10438, 95-10446, 95-10447, and 96-10007, involving the United States as the plaintiff-appellee against defendants Jose Luis Magallon, Robert Gonzales, Luis E. Estrada-Hernandez, and Gerardo Delgado-Garibay, issued an order on June 5, 1997. The court withdrew the opinion previously filed on May 5, 1997, and deferred the submission of the case pending the outcome of the related case of United States v. Scrivner, 114 F.3d 964, which is under consideration by another panel of the court.

Legal Issues Addressed

Deferral of Case Submission

Application: The submission of the case was postponed to await the decision of a related case, demonstrating the court's approach to ensuring consistent legal interpretation across similar cases.

Reasoning: The court deferred the submission of the case pending the outcome of the related case of United States v. Scrivner, 114 F.3d 964, which is under consideration by another panel of the court.

Withdrawal of Judicial Opinion

Application: The court chose to withdraw its previously filed opinion, indicating a reconsideration or reevaluation of the case's circumstances or legal findings.

Reasoning: The court withdrew the opinion previously filed on May 5, 1997.