United States v. Jones

Fifth Circuit

United States v. Jones

877 F.2d 341, 1989 WL 70766

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 30, 1989

DocketNos. 87-5556, 87-5575

StatusPublished

This text of 877 F.2d 341 (United States v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Jones, 877 F.2d 341, 1989 WL 70766 (5th Cir. 1989).

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Opinion

E. GRADY JOLLY, Circuit Judge:

On February 22, 1988, a panel of this court decided this case, affirming the district court in United States v. Jones, 837 F.2d 1332 (5th Cir.1988). On April 25, 1988, a majority of our court voted to grant en banc rehearing. Oral argument before the en banc court was heard on September 19, 1988. The en banc court has withheld deciding this case until the Supreme Court ruled in Caplin & Drysdale, Chartered Petitioner v. United States. Having reviewed that case, we find it unnecessary for the en banc court to consider this case further, except to apply the Supreme Court decision in Caplin, — U.S. -, 109 S.Ct. 2646, 105 L.Ed.2d 528 (1989). Applying that decision, we reverse the judgment of the district court and remand for further proceedings and the entry of such judgments as are appropriate and not inconsistent with Caplin.

REVERSED AND REMANDED.

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E. GRADY JOLLY, Circuit Judge:

On February 22, 1988, a panel of this court decided this case, affirming the district court in United States v. Jones, 837 F.2d 1332 (5th Cir.1988). On April 25, 1988, a majority of our court voted to grant en banc rehearing. Oral argument before the en banc court was heard on September 19, 1988. The en banc court has withheld deciding this case until the Supreme Court ruled in Caplin & Drysdale, Chartered Petitioner v. United States. Having reviewed that case, we find it unnecessary for the en banc court to consider this case further, except to apply the Supreme Court decision in Caplin, — U.S. -, 109 S.Ct. 2646, 105 L.Ed.2d 528 (1989). Applying that decision, we reverse the judgment of the district court and remand for further proceedings and the entry of such judgments as are appropriate and not inconsistent with Caplin.

REVERSED AND REMANDED.

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Bluebook (online)

877 F.2d 341, 1989 WL 70766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-ca5-1989.

Opinion

E. GRADY JOLLY, Circuit Judge:

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