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Lucio Flores Ortega,petitioner-Appellant v. Ernest C. Roe, Warden,order

Citations: 209 F.3d 1122; 2000 Daily Journal DAR 4205; 2000 Cal. Daily Op. Serv. 3105; 2000 U.S. App. LEXIS 7347; 2000 WL 432411Docket: 97-17232

Court: Court of Appeals for the Ninth Circuit; April 24, 2000; Federal Appellate Court

Narrative Opinion Summary

In the case of Lucio Flores Ortega v. Ernest C. Roe, the Ninth Circuit Court of Appeals vacated its previous opinion (160 F.3d 534) following a remand from the United States Supreme Court. The remand was based on the Supreme Court's ruling in Ernest C. Roe, Warden v. Lucio Flores-Ortega (120 S. Ct. 1029, 2000), which required that proceedings in the district court be conducted in accordance with the Supreme Court's opinion. The Ninth Circuit ordered that the mandate be issued immediately.

Legal Issues Addressed

Immediate Issuance of Mandate

Application: Following the Supreme Court's directive, the Ninth Circuit ordered the immediate issuance of the mandate to ensure compliance with the higher court's decision.

Reasoning: The Ninth Circuit ordered that the mandate be issued immediately.

Remand from the United States Supreme Court

Application: The Ninth Circuit Court of Appeals vacated its previous opinion and complied with the Supreme Court's directive to conduct proceedings in accordance with the Supreme Court's ruling.

Reasoning: The remand was based on the Supreme Court's ruling in Ernest C. Roe, Warden v. Lucio Flores-Ortega (120 S. Ct. 1029, 2000), which required that proceedings in the district court be conducted in accordance with the Supreme Court's opinion.