Legal Opinion · Dissent

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Charles MACK, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided January 12, 1999No. 97-50364Published

1DissentReinhardt, Circuit Judge

I

We have before us a case of federal prose-cutorial power run amok. This time, the target is a most unusual one. After sweeping aside the rights and interests of local law enforcement agencies in conducting their business in a manner they deem appropriate and efficient, the majority upholds the conviction of a citizen who did no more than act in accordance with the lawful instructions of several local police and sheriffs departments, and, at their request, perform a non-law enforcement function on their behalf. In doing so, the majority condones not only the violation of the rights of an…

2Cases cited5 opinions

  1. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  2. Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
  3. Pedro Aponte v. James H. Gomez, Director, California Department of Corrections Attorney General for the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1993
  4. Seattle-First National Bank v. ConawayCourt of Appeals for the Ninth Circuit · 1996
  5. In Re Pacific-Atlantic Trading CompanyCourt of Appeals for the Ninth Circuit · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API