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U.S. v. ARNETT

Nos. 00-10170, 00-30189.

353 F.3d 765 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Wayne ARNETT, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Timothy Wayne Arnett, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2003.

Attorney(s) appearing for the Case

Thomas E. Flynn, Office of the U.S. Attorney, Sacramento, CA, Frank R. Pagagni, Jr., Esq., Office of the U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.

David M. Porter, Esq., Federal Public Defender's Office, Sacramento, CA, Thomas W. Flynn, Esq., Office of the U.S. Attorney, San Diego, CA, for Defendant-Appellant.

D.C. Nos. CR-95-05287-REC, CR-95-60120-HO.

Before: Mary M. SCHROEDER, Chief Judge; Stephen REINHARDT, Pamela Ann RYMER, Thomas G. NELSON, Susan P. GRABER, Raymond C. FISHER, Ronald M. GOULD, Richard A. PAEZ, Richard C. TALLMAN, Johnnie B. RAWLINSON, and Jay S. BYBEE, Circuit Judges.

ORDER

PER CURIAM.

On November 25, 2003, only two weeks before these eight-year-old cases were scheduled for oral argument before this en banc court, the United States filed a supplemental brief in which it confessed error on the collateral estoppel issue:

In federal criminal trials, the United States may not use collateral estoppel to establish, as a matter of law, an element of an offense or to conclusively...

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