U.S. v. Schmucker
| Decision Date | 05 July 1985 |
| Docket Number | No. 82-3701,82-3701 |
| Citation | 766 F.2d 1582 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Mark Alden SCHMUCKER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Prior Report: 729 F.2d 1040 (6 Cir.1984), 721 F.2d 1046 (6th cir.1983).
Before MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge and SPIEGEL, * District Judge.
Having received from the Supreme Court an order in this case dated April 1, 1985, --- U.S. ----, 105 S.Ct. 1860, 85 L.Ed.2d 155 (1985), remanding the case to the Court for reconsideration in light of Wayte v. United States, 470 U.S. ----, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985), it is ORDERED that the case be remanded to the District Court for reconsideration in light of Wayte v. United States, 470 U.S. ----, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985). The case is remanded to the trial court because there is a possibility that the parties will seek to introduce additional evidence in this case.
* The Honorable S. Arthur Spiegel, Judge of the United States District Court for the Southern District of Ohio, sitting by designation.
To continue reading
Request your trial
-
Glazer v. Whirlpool Corp. (In re Whirlpool Corp.)
...to the district court to permit the lawsuit to proceed. Messer v. Curci, 908 F.2d 103 (6th Cir.1990). Finally, United States v. Schmucker, 766 F.2d 1582, 1583 (6th Cir.1985), did not involve an interlocutory appeal of a class certification order, and Kappos v. Hyatt, ––– U.S. ––––, 132 S.Ct......
-
U.S. v. Schmucker
...turn, remanded the case to the district court for reconsideration in light of the Supreme Court's decision in Wayte. United States v. Schmucker, 766 F.2d 1582 (6th Cir.1985). On remand, defendant renewed his request for discovery and an evidentiary hearing on his claim of selective prosecut......
-
U.S. v. Kerley
...to register after being reported and warned by the Government. Wayte v. United States, 105 S.Ct. at 1532. But see United States v. Schmucker, 766 F.2d 1582, 1583 (6th Cir.1985) (order entitling defendant to evidentiary hearing to determine whether he was indicted for failure to register bec......