United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley

Ninth Circuit

United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley

923 F.2d 764, 91 Daily Journal DAR 990, 91 Cal. Daily Op. Serv. 620, 1991 U.S. App. LEXIS 890, 1991 WL 4573

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 23, 1991

Docket87-5303, 87-5310

StatusPublished

Cited by48 cases

This text of 923 F.2d 764 (United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley, 923 F.2d 764, 91 Daily Journal DAR 990, 91 Cal. Daily Op. Serv. 620, 1991 U.S. App. LEXIS 890, 1991 WL 4573 (9th Cir. 1991).

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ORDER

This case was taken en banc on July 19, 1990 and submitted on briefs without oral argument on September 27, 1990. The court now being fully advised, we vacate that part of the three-judge court’s opinion which addresses whether the government need have “reasoned grounds” to investigate a particular individual. See United States v. Luttrell, 889 F.2d 806, 812-14 (9th Cir.1989). Specifically, that opinion is hereby amended as follows:

On page 807, right column, first paragraph of text of opinion, last sentence, delete “in part, and remand in part.” Delete from page 812, right column, the first full paragraph, beginning “In an effort to introduce ...” through page 814, first full paragraph, left column, at the sentence ending “In any event....” On page 814, left column, second full paragraph, delete the sentence beginning “On remand.... ” On page 814, right column, delete the words “IN PART and REMANDED IN PART.”

In partially vacating the three-judge court’s opinion, we follow four of our sister circuits in explicitly rejecting a “reasoned grounds” requirement for investigation of an individual under the due process clause. See United States v. Jenrette, 744 F.2d 817, 824 (D.C.Cir.) (no constitutional violation where FBI targeted defendant without “reasonable suspicion” of wrongdoing), cert. denied, 471 U.S. 1099, 105 S.Ct. 2321, 85 L.Ed.2d 840 (1984); United States v. Gamble, 737 F.2d 853, 860 (10th Cir.1984) (“government need not have reasonable suspicion of wrongdoing in order to conduct an undercover investigation”); United States v. Jannotti, 673 F.2d 578, 608-09 (3d Cir.1982) (en banc) (rejecting “reasonable basis” test), cert. denied, 469 U.S. 880, 105 S.Ct. 243, 83 L.Ed.2d 182 (1984); United States v. Myers, 635 F.2d 932, 941 (2d Cir.) (rejecting “reasonable suspicion” requirement), cert. denied, 449 U.S. 956, 101 S.Ct. 364, 66 L.Ed.2d 221 (1980).

We have no reason to review the other parts of the three-judge court’s opinion.

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ORDER

This case was taken en banc on July 19, 1990 and submitted on briefs without oral argument on September 27, 1990. The court now being fully advised, we vacate that part of the three-judge court’s opinion which addresses whether the government need have “reasoned grounds” to investigate a particular individual. See United States v. Luttrell, 889 F.2d 806, 812-14 (9th Cir.1989). Specifically, that opinion is hereby amended as follows:

On page 807, right column, first paragraph of text of opinion, last sentence, delete “in part, and remand in part.” Delete from page 812, right column, the first full paragraph, beginning “In an effort to introduce ...” through page 814, first full paragraph, left column, at the sentence ending “In any event....” On page 814, left column, second full paragraph, delete the sentence beginning “On remand.... ” On page 814, right column, delete the words “IN PART and REMANDED IN PART.”

In partially vacating the three-judge court’s opinion, we follow four of our sister circuits in explicitly rejecting a “reasoned grounds” requirement for investigation of an individual under the due process clause. See United States v. Jenrette, 744 F.2d 817, 824 (D.C.Cir.) (no constitutional violation where FBI targeted defendant without “reasonable suspicion” of wrongdoing), cert. denied, 471 U.S. 1099, 105 S.Ct. 2321, 85 L.Ed.2d 840 (1984); United States v. Gamble, 737 F.2d 853, 860 (10th Cir.1984) (“government need not have reasonable suspicion of wrongdoing in order to conduct an undercover investigation”); United States v. Jannotti, 673 F.2d 578, 608-09 (3d Cir.1982) (en banc) (rejecting “reasonable basis” test), cert. denied, 469 U.S. 880, 105 S.Ct. 243, 83 L.Ed.2d 182 (1984); United States v. Myers, 635 F.2d 932, 941 (2d Cir.) (rejecting “reasonable suspicion” requirement), cert. denied, 449 U.S. 956, 101 S.Ct. 364, 66 L.Ed.2d 221 (1980).

We have no reason to review the other parts of the three-judge court’s opinion.

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923 F.2d 764, 91 Daily Journal DAR 990, 91 Cal. Daily Op. Serv. 620, 1991 U.S. App. LEXIS 890, 1991 WL 4573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-laurie-jane-luttrell-united-states-of-america-v-william-ca9-1991.

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