Miree v. United States

538 F.2d 643

Court of Appeals for the Fifth Circuit·Decided August 25, 1976·No. Nos. 74-3670, 74-3822, 74-3864, 74-3870 and 74-3881·Published·Cited by 11 cases

Opinions

PER CURIAM:

The Court en banc adopts as its opinion Parts I, II, and IV of the majority panel opinion in this cause, 526 F.2d 679-686. The Court en banc adopts as its opinion the dissenting opinion of Judge Dyer, 526 F.2d 686-688 in lieu of Part III of the majority panel opinion. While not directly in point, the Court has reviewed the case of United States v. Orleans, -U.S. -, 96 S.Ct. 1971, 48 L.Ed.2d 390. The reasoning of the dissenting opinion, adopted here, is remarkably consistent with the policy considerations noted by the Chief Justice in Orleans.

Accordingly, the judgment of the district court is

AFFIRMED.

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PER CURIAM:

The Court en banc adopts as its opinion Parts I, II, and IV of the majority panel opinion in this cause, 526 F.2d 679-686. The Court en banc adopts as its opinion the dissenting opinion of Judge Dyer, 526 F.2d 686-688 in lieu of Part III of the majority panel opinion. While not directly in point, the Court has reviewed the case of United States v. Orleans, -U.S. -, 96 S.Ct. 1971, 48 L.Ed.2d 390. The reasoning of the dissenting opinion, adopted here, is remarkably consistent with the policy considerations noted by the Chief Justice in Orleans.

Accordingly, the judgment of the district court is

AFFIRMED.

Miree v. United States, 538 F.2d 643 (5th Cir. 1976).

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