Unpublished Disposition, 879 F.2d 866 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 879 F.2d 866 (9th Cir. 1989)

UNITED STATES of America Plaintiff-Appellant,v.Edward Gordon WESTERDAHL III, Defendant-Appellee.

No. 88-3170.

United States Court of Appeals, Ninth Circuit.

Submitted*  June 26, 1989.Decided July 6, 1989.

Before ALARCON, BRUNETTI and O'SCANNLAIN, Circuit Judges.


The judgment is reversed and this matter is remanded to the district court for reconsideration of its order dismissing the indictment in light of the Supreme Court's opinion in Arizona v. Youngblood, 109 S. Ct. 333 (1988). The district court is directed to enter findings of fact and conclusions of law upon such reconsideration.

We are mindful of the fact that pursuant to this Court's order of January 9, 1989, which remanded this matter to the district court so that it could reconsider its order of dismissal in light of Youngblood, the district court has entered an order reinstating the indictment. The district court's order was filed on March 27, 1989. On March 24, 1989, however, upon reconsideration, our January 9, 1989 order was vacated. Therefore, the district court was without jurisdiction to enter the March 27, 1989 order. The fact that we have concluded that the district court lacked jurisdiction to enter the March 27, 1989 order should not be construed as indicating any expression of our view regarding the merits of such order.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4