United States v. MacIo Singleton

Opinion for the Court by Circuit Judge BORK.

Dissenting opinion filed by Senior Circuit Judge SWYGERT.

BORK, Circuit Judge.

This case is before this court for the second time. Our previous decision reversed a judgment of acquittal entered by the district court after a jury verdict of guilty against Macio Singleton. The panel majority held that the evidence presented was reliable and sufficient to sustain the conviction. Upon remand the district court granted a new trial, and then, upon Singleton’s motion, suppressed the key evidence. The question we now address is whether our prior decision…