Stephen Buckley, Plaintiff-Appellee--Cross-Appellant v. J. Michael Fitzsimmons, Defendants-Appellants--Cross-Appellees

The Supreme Court remanded this case to us for reconsideration in light of Burns v. Reed, — U.S. -, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). — U.S. -, 112 S.Ct. 40, 116 L.Ed.2d 19 (1991). Burns potentially affects the availability of immunity on two subjects: Fitzsimmons’ press conference announcing Buckley’s indictment, and the prosecutors’ and witnesses’ preparations for trial. Buckley contends that we should reconsider our decisions concerning appellate jurisdiction, but his petition for certiorari did not present any jurisdictional question to the Supreme Court. As instructed, we limit our…