State of New Mexico v. R. Lee Aamodt, United States of America, Intervenors And

I fully concur in Parts I, II, III and IV of the majority opinion.

I agree with much of the factual chronology and legal rationale set forth in Parts V, VI, VII and VIII of the majority opinion, but must respectfully dissent from some important conclusions and the ultimate disposition.

In my view, the recent Supreme Court decision in Cappaert v. United States, -U.S.-, 96 S.Ct. 2062, 48 L.Ed.2d 523 (44 U.S.L.W. 4756, 1976) supports my contention that the Congress was fully cognizant of the broad scope and reach of the so-called Winters Doctrine following the overruling of United States v.…