United States v. Willie Foster Sellers, United States of America v. Willie Foster Sellers

621 F.2d 101, 1980 U.S. App. LEXIS 17467

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 16, 1980
• Docket: 76-2247, 76-2364
• Status: Published

Opinions

BUTZNER, Circuit Judge.

Upon consideration of the motion to reinstate the appeal of Willie Foster Sellers and the response of the United States, it is ADJUDGED and ORDERED that the appeal is reinstated.

The court notes the representation of the government concerning its difficulty in preparing a brief in this appeal. Therefore, upon filing of the appellant’s brief if the government be so advised the court will consider a motion for summary affirmance and the government may defer filing its brief until the court has ruled on this motion. See United States v. Hacker, 578 F.2d 1379 (4th Cir. 1978).

Upon consideration of the appeal the court will address the representation of the United States Attorney concerning the prejudice to which the government would be subjected if retrial would otherwise be appropriate.

The clerk is directed to present the appeal to this panel of this court.

Entered with the concurrence of Judge Winter.