United States v. John Christopher Beale

ELY, Circuit Judge:

On July 21, 1982, we issued an amended opinion reversing the District Court’s judgment in the subject appeal. United States v. Beale, 674 F.2d 1327 (9th Cir.1982) (“Beale I"). On June 27, 1983, the Supreme Court vacated our opinion and issued its mandate.1 The mandate remands the cause to us and directs our “further consideration” of our opinion in the light of the Supreme Court’s opinion in United States v. Place, 462 U.S. -, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983).

After careful consideration of the Supreme Court’s opinion in Place, we conclude that this case must be…