United States v. James Lynn Hooton

On October 13, 1982, we granted the Government’s motion for summary affirmance in this case, but denied similar motions in several other cases. Although motions for summary disposition are ordinarily granted or denied without opinion, see Page v. United States, 356 F.2d 337, 339 n. 1 (9th Cir.1966), we issue this opinion to clarify our position on such matters.

In Page, we noted that the Rules of the Ninth Circuit do not explicitly provide for motions to affirm, but such motions are authorized under the Rules of the United States Supreme Court and Ninth Circuit Rule 8(2) [now Rule 5], which…