United States v. James Lynn Hooton

On October 13, 1982, we granted the Government’s motion for summary affirmance in this case, but denied similar motions in several other cases. Although motions for summary disposition are ordinarily granted or denied without opinion, see Page v. United States, 356 F.2d 337 , 339 n. 1 (9th Cir.1966), we issue this opinion to clarify our position on such matters.

In Page , we noted that the Rules of the Ninth Circuit do not explicitly provide for motions to affirm, but such motions are authorized under the Rules of the United States Supreme Court and Ninth Circuit Rule 8(2) [now Rule 5], which adopts relevant portions of the Supreme Court Rules. 356 F.2d at 339 . More recently, we have noted that Ninth Circuit Rule 6(h), which governs emergency motions, authorizes the filing of an emergency motion to affirm in an interlocutory criminal appeal. See United States v. Miranda-Parra, 637 F.2d 610, 612-13 (9th Cir.1980).

In a nonemergency situation, however, a motion to affirm a final judgment should be filed only where “it is manifest that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument.” S.Ct.R. 16(l)(c); see Page v.…