United States of America, Plaintiff-appellee, v. Michael Edward Flading, Defendant-appellant, 76 F.3d 389 (9th Cir. 1996)
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U.S. Court of Appeals for the Ninth Circuit
- 76 F.3d 389 (9th Cir. 1996)
Feb. 5, 1996
Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges.
ORDER OF REMAND
The memorandum disposition filed on December 12, 1995, is vacated in light of Bailey v. United States, 116 S. Ct. 501 (1995).
The cause is remanded to the district court for further consideration in light of the opinion in Bailey. The district judge may set the case down for a new trial if that is indicated, but may dismiss the indictment if a new trial would be improvident.
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