dissenting.

I adhere to the view that we should not vacate a court of appeals' judgment favoring the Government when the Solicitor General disagrees with the reasoning of the court of appeals but defends its result. See Diaz-Albertini v. United States, 498 U. S. 1061, 1061-1063 (1991) (Rehnquist, C. J., dissenting); Alvarado v. United States, 497 U. S. 543, 545-546 (1990) (Rehnquist, C. J., dissenting). That is the position the Government again takes in the case before us, and I dissent from the order granting certiorari, vacating the judgment, and remanding the case.

Miscellaneous Orders. (See also Nos. 90-7225 and 90-7296, ante, p. 16.)*

C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of the position presently-asserted by the Solicitor General in his brief for the United States filed March 21, 1991.