United States v. Dennis O. Miller

We granted the government’s petition for rehearing to consider its assertion that “it is most emphatically not true that ‘the government professes no interest in upholding appellant’s [vacated] convictions.’ ” At oral argument on rehearing government counsel mentioned, without elaboration, two possible interests in reinstating the vacated convictions : they would otherwise not be available for impeachment or for sentencing purposes in any future prosecution.1 It would appear that the government’s interest will arise only if rehabilitation efforts fail and appellant commits another crime. This…