United States v. Allen Donahue

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT FILED

AUG 17 2011

UNITED STATES OF AMERICA, No. 10-10004

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Plaintiff - Appellee, D.C. No. 4:08-cr-01070-RCC-

CRP-

v. District of Arizona, Tucson

ALLEN MICHAEL DONAHUE,

Defendant - Appellant. ORDER

Before: GOULD and CALLAHAN, Circuit Judges, and KORMAN, Senior District Judge.*

We recall the mandate, which issued prematurely on February 8, 2011.

On January 14, 2011, we filed a memorandum disposition retaining

appellate jurisdiction and remanding to the district court with instructions to

answer two questions. The district court issued an order on August 1, 2011,

answering those questions. In light of the district court’s order, we affirm. Because

at trial the district court “had the opportunity to do exactly what [it] would have

done had [it] held an evidentiary hearing” and “understood that suppression was on

the table,” and because the court’s order clarifies that it would have denied a

* The Honorable Edward R. Korman, Senior United States…