Ed Pierce v. United States

416 F.2d 970

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 17, 1969
• Docket: 23409_1
• Status: Published

Opinion

DECISION

PER CURIAM:

The appeal from the decision of the district court is dismissed. In the present circumstances, the court finds the appeal premature.

Of course, the decision is not on the merits and therefore not res judicata on the merits of Pierce’s claims with reference to the seized material.

In Goodman v. United States, 9 Cir., 369 F.2d 166, the material on which the court acted was in the frame of a fishing expedition. We do not find the case applicable here and think the general rule of DiBella v. United States, 369 U.S. 121, 132, 82 S.Ct. 654, 7 L.Ed.2d 614, applies.