United States v. Mark A. Morgan

Eighth Circuit

United States v. Mark A. Morgan

244 F.3d 674, 2001 U.S. App. LEXIS 5025

Court of Appeals for the Eighth Circuit·Decided March 19, 2001·No. 18-2551·Published·Cited by 25 cases

Opinions

The petition for rehearing by the panel is denied. The petition for rehearing en banc is also denied. The court notes in denying rehearing en banc that the panel [675]*675decisions in this case and in DeRoo v. United States, 223 F.3d 919, 923 (8th Cir.2000), should not be read as foreclosing the right of an Eighth Circuit hearing panel to exercise its discretion to consider sua sponte issues beyond those specified in a certificate of appealability, whether the certificate was issued by a district court or by an administrative panel of this court.

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The petition for rehearing by the panel is denied. The petition for rehearing en banc is also denied. The court notes in denying rehearing en banc that the panel [675]*675decisions in this case and in DeRoo v. United States, 223 F.3d 919, 923 (8th Cir.2000), should not be read as foreclosing the right of an Eighth Circuit hearing panel to exercise its discretion to consider sua sponte issues beyond those specified in a certificate of appealability, whether the certificate was issued by a district court or by an administrative panel of this court.

United States v. Mark A. Morgan, 244 F.3d 674, 2001 U.S. App. LEXIS 5025 (8th Cir. 2001).

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