United States of America, Appellant, v. Donald Dean Stenger, Jr., Appellee, 810 F.2d 195 (4th Cir. 1987)

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U.S. Court of Appeals for the Fourth Circuit - 810 F.2d 195 (4th Cir. 1987) Argued May 6, 1986. Decided Jan. 15, 1987

Before WIDENER, SPROUSE and CHAPMAN, Circuit Judges.

Samuel Rosenthal, Chief, Appellate Section, Criminal Division, Department of Justice (Justin Williams, United States Attorney, on brief) for appellant.

J. Flowers Mark (Michael S. Lieberman; Zwerling, Mark, Ginsberg and Lieberman, on brief) for appellee.

PER CURIAM:


On May 23, 1986, following briefing and oral argument, we reversed a decision of the district court which had let the defendant in this case to bail. Our reversal was without formal opinion, the defendant's trial having been set for May 27, 1986. We noted that our opinion would follow.

On May 27, 1986, a judgment of acquittal was granted by the district court.

While this case may not be moot, we think it more appropriate not to issue a formal opinion under these circumstances. We reaffirm, however, our previous disposition of this case to the end and effect that the order of the district court appealed from should have been reversed.