United States v. Owsley Stanley, Robert W. Massey, Robert D. Thomas

The convictions of the three appellants above named, and William A. Spires, were affirmed in United States v. Stanley, (9 Cir. 1970) 427 F.2d 1066 . All four petitioned for certiorari and on December 7, 1970, the Supreme Court granted the petition “insofar as it seeks review of affirmance by the Court of Appeals of count 5 (possession count) of convictions of petitioners Stanley, Thomas, and Massey. Judgment as to these three individuals vacated insofar as that count is concerned and case remanded to the Court of Appeals so that it may consider suggestions contained in the memorandum the Solicitor General filed here. By this remand this Court intimates no view as to merits of the Solicitor General’s position. In all other respects the petition for writ of certiorari is denied.” Stanley v. United States, 400 U.S. 936 , 91 S.Ct. 234 , 27 L.Ed.2d 242 (1970). Mr. Justice White and Mr. Justice Blackmun dissented and would deny certiorari; Mr. Justice Douglas wrote a dissent from the remand and would have denied certiorari.

The case is not before us as to Spires, as to whom certiorari was denied as to all counts. On remand we are asked to consider the conviction on count 5 (possession)…