U.S. Court of Appeals for the Ninth Circuit, 1988

United States v. Zolin

U.S. Court of Appeals for the Ninth Circuit · Decided July 5, 1988 · Alarcon, Beezer, Browning, Brunetti, Leavy, Norris, Pregerson, Reinhardt, Tang, Thompson

850 F.2d 610 (Federal Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

United States v. Zolin (9th Cir. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion published at 842 F.2d 1135 is amended to include the following concurrence:

Concurring Opinion

NORRIS, Circuit Judge,

concurring in the result:

I write separately to make it clear that I believe the independent evidence rule has been and should continue to be the law of the circuit. See United States v. Shewfelt, 455 F.2d 836 (9th Cir.), cert. denied, 406 U.S. 944, 92 S.Ct. 2042, 32 L.Ed.2d 331 (1972). However, I cannot join the court’s order because the majority has failed to make clear whether the order is a disposition on the merits, i.e., whether it constitutes en banc authority that the Shewfelt independent evidence rule is the law of the circuit. If the order is intended to be a disposition on the merits, it is internally inconsistent because an en banc panel cannot both decide a case on the merits and vacate as improvidently granted the order *611of the full court authorizing it to decide the case.

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