Narrative Opinion Summary
The court has reviewed the record and the appellant’s response to its February 9, 2006 order. It affirms the district court's order that remands the case to state court, citing the precedent in United States v. Hooton, which establishes that summary affirmance is suitable when the outcome is evident from the record. The decision is affirmed and noted that it is not for publication and cannot be cited in this circuit, except under specific rules outlined in 9th Cir. R. 36-3.
Legal Issues Addressed
Citation Restriction in Judicial Opinionssubscribe to see similar legal issues
Application: The court noted that the decision was not for publication and cannot be cited within this circuit, with exceptions governed by specific rules.
Reasoning: The decision is affirmed and noted that it is not for publication and cannot be cited in this circuit, except under specific rules outlined in 9th Cir. R. 36-3.
Summary Affirmance Standardsubscribe to see similar legal issues
Application: The court applied the precedent in United States v. Hooton to determine that summary affirmance was appropriate, as the outcome was evident from the record.
Reasoning: It affirms the district court's order that remands the case to state court, citing the precedent in United States v. Hooton, which establishes that summary affirmance is suitable when the outcome is evident from the record.