U.S. v. Baynes, 75-1308
Decision Date | 01 February 1977 |
Docket Number | No. 75-1308,75-1308 |
Citation | 548 F.2d 481 |
Parties | UNITED STATES of America v. Eugene BAYNES, a/k/a Bo, et al. Appeal of Russell BARNES. |
Court | U.S. Court of Appeals — Third Circuit |
Joel Harvey Slomsky, Philadelphia, Pa., for appellant.
Michael W. Farrell, Atty., Dept. of Justice, T. George Gilinsky, Washington, D. C., for appellee.
Before VAN DUSEN, BIGGS and ALDISERT, Circuit Judges.
Russell Barnes has petitioned for rehearing in this case. On this appeal, the petitioner's conviction for multiple counts of a single indictment was affirmed by judgment order. In the petition for rehearing, the petitioner contends that our affirmance by judgment order without an opinion constituted a denial of due process of law. 1 Because no previous opinion of this court has discussed the use of judgment orders to affirm the judgments of the district courts, we will briefly discuss the authority for the use of this procedure in determining this appeal.
The judgment order was filed under the terms of F.R.A.P. 36 and the Third Circuit Internal Operating Procedures, § D-1. Rule 36 provides:
(Emphasis supplied.)
Section D-1 provides in pertinent part:
The issues raised by the defendant in his direct appeal were found to meet the above criteria after a careful evaluation of the contentions raised and the record. The Supreme Court has approved the practice of using judgment orders with this language in Taylor v. McKeithen, 407 U.S. 191, 194 at note 4, 92 S.Ct. 1980, 1982, 32 L.Ed.2d 648 (1972):
This procedure has been approved by the United States Court of Appeals for the Fifth Circuit in NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966, 971-72 (5th Cir. 1970), 2 where Chief Judge Brown used this language:
This court fully agrees with this wording used by Chief Judge Brown at 973:
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...("There is no requirement in law that a federal appellate court's decision be accompanied by a written opinion."); United States v. Baynes, 548 F.2d 481, 482 (3d Cir.1977) (holding that an affirmance by judgment order without an opinion did not constitute a denial of due process of law); se......
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State v. Bianco
...so, it invariably stated the reasons for the action taken. See Furman v. United States, 720 F.2d 263 (2d Cir.1983); United States v. Baynes, 548 F.2d 481 (3d Cir.1977); United States v. Marines, 535 F.2d 552 (10th We conclude that the Pilot Program did not violate the defendant's federal or......
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State v. Bianco
...own, and when it does so, it invariably states the reasons for the action taken. We find no merit in this argument. See United States v. Baynes, 548 F.2d 481 (3 Cir.1977), United States v. Marines, 535 F.2d 552 (10 Cir.1976) and Furman v. United States, 720 F.2d 263 (2 Defendant is also mis......
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Furman v. U.S.
...30 L.Ed.2d 618 (1972) (reviewing court of appeals' summary affirmance without comment on its summary nature). Accord United States v. Baynes, 548 F.2d 481 (3d Cir.1977); NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Congress has also provided that the circuit courts of ......