UNITED STATES v. GARCIA

No. 81-2115.

719 F.2d 108 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Domingo GARCIA, Ruben Barrera-Saenz and Adan Montolla Mungia, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 7, 1983.


Attorney(s) appearing for the Case

C.H. Neal Duvall, Roma, Tex., for Saenz.

Richard H. Garcia, Edinburg, Tex., for Mungia.

Michael Kennedy, New York City, for Garcia, Mungia and Saenz.

John M. Potter, Asst. U.S. Atty., Houston, Tex., Louis Fischer, Appellate Section, Criminal Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Before BROWN, GOLDBERG and GEE, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

GEE, Circuit Judge:

This matter concerns the validity of law enforcement actions taken over three years ago. Since we conclude that its proper disposition requires a remand to the trial court for consideration of issues, not reached in its former proceedings, that should be initially addressed by that court, we forbear delaying matters or trammeling that court's judgment by long writing.

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