United States v. Benson Joseph Donoho

586 F.2d 682 UNITED STATES of America, Appellee, v. Benson Joseph DONOHO, Appellant. No. 77-1999. United States Court of Appeals, Ninth Circuit. Nov. 17, 1978. 1 David M. Heller (argued), Phoenix, Ariz., for appellant. 2 Kenneth L. Fields (argued), Phoenix, Ariz., for appellee. JUDGMENT AND ORDER 3 Before BARNES and CHOY, Circuit Judges, and LYDICK, * District Judge. 4 It appearing that the Supreme Court of the United States having on October 2, 1978, granted the petition to it for a Writ of Certiorari on behalf of the appellant, Benson Joseph Donoho (--- U.S. ----, 99 S.Ct. 68 , 58 L.Ed.2d 102 ); and 5 It appearing that the Supreme Court vacated the judgment of this Court in the above entitled matter, and remanded the cause to this Court: 6 "(f)or further consideration in light of the position presently asserted by the Solicitor General in his memorandum filed September 5, 1978" ; and 7 It appearing that the Solicitor General in said memorandum stated: 8 "(t)he case should be remanded to (the Court of Appeals) (1) either for consideration in the light now taken by the United States, or (2) with instructions that the district court's judgment be vacated and the case be remanded to…