Frank William Brunel v. United States

450 F.2d 952, 1971 U.S. App. LEXIS 7361

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 29, 1971
• Docket: 71-1477
• Status: Published

Opinion

PER CURIAM:

The appellant has applied to this court for his release on bail pending his appeal. We treat his application as a motion for summary reversal, it appearing that his case is on “all fours” with Castro v. United States, 403 U.S. 903, 91 S.Ct. 2215, 29 L.Ed.2d 678, vacating and remanding 436 F.2d 975 (9th Cir. 1971), and Weber v. United States, 402 U.S. 939, 91 S.Ct. 1633, 29 L.Ed.2d 107 (1971), vacating and remanding 429 F.2d 148 (9th Cir. 1970), wherein the Supreme Court vacated our judgments in the two cases and remanded the causes to our court for reconsideration in the light of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), and United States v. United States Coin and Currency, 401 U.S. 715, 91 S.Ct. 1148, 28 L.Ed.2d 388 (1971). Cf. Gaxi-ola v. United States, 435 F.2d 264, 266 (9th Cir. 1970) (concurring opinion).

Accordingly, and in the light of Castro and Weber, the District Court’s Order, 320 F.Supp. 1257, denying section 2255 relief to Brunei is summarily vacated, and the cause is remanded to the District Court for reconsideration. Compare United States v. Jones, 447 F.2d 991 (9th Cir. 1971).

It is further ordered that Brunei be released from custody forthwith, and upon his own recognizance, pending the required reconsideration of his Petition in the District Court.

Reversed.