United States v. McDonald Hicks, Eli Davis, Jr.

657 F.2d 244, 1981 U.S. App. LEXIS 17955

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 8, 1981
• Docket: 78-2534
• Status: Published

Opinions

ORDER

Before WALLACE and TANG, Circuit Judges, and WHELAN,* District Judge.

The Supreme Court has vacated and remanded our initial disposition of this case, 625 F.2d 216 (9th Cir. 1980), vacated, — U.S. —, 101 S.Ct. 1752, 68 L.Ed.2d 233 (1981), in light of its decision in Michael M. v. Superior Court, 450 U.S. 464, 101 S.Ct. 1200, 67 L.Ed.2d 437 (1981). Since then, another panel of this court has held that 18 U.S.C. § 2032, the statute involved in the case before us, does not deny equal protection of the law. United States v. Sangrey, 648 F.2d 597 (9th Cir. 1981). Therefore, we reverse the dismissal of the indictment against Hicks and Davis, and remand for further proceedings.

REVERSED AND REMANDED.