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NGUYEN v. UNITED STATES

No. 01-10873.

539 U.S. 69 (2003)

NGUYEN v. UNITED STATES.

Supreme Court of United States.

Decided June 9, 2003.

Attorney(s) appearing for the Case

Jeffrey T. Green argued the cause for petitioners. With him on the briefs were Howard Trapp and Rawlen T. Mantanona, both by appointment of the Court, 538 U.S. 920, Carter G. Phillips, and Eric A. Shumsky.

Patricia A. Millett argued the cause for the United States. With her on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, and Deputy Solicitor General Dreeben.†

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, KENNEDY, SOUTER, and THOMAS, JJ., joined. REHNQUIST, C. J., filed a dissenting opinion, in which SCALIA, GINSBURG, and BREYER, JJ., joined, p. 83.

JUSTICE STEVENS delivered the opinion of the Court.

These cases present the question whether a panel of the Court of Appeals consisting of two Article III judges and one Article IV judge had the authority to decide petitioners' appeals. We conclude it did not, and we therefore vacate the judgments of the Court of Appeals.

I

Petitioners are residents of the island of Guam, which has been a possession of the United States since the end of the Spanish...

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