United States v. Mark Alden Schmucker , 766 F.2d 1582 ( 1985 )

766 F.2d 1582

UNITED STATES of America, Plaintiff-Appellee,
v.
Mark Alden SCHMUCKER, Defendant-Appellant.

No. 82-3701.

United States Court of Appeals,
Sixth Circuit.

July 5, 1985.

1

Prior Report: 729 F.2d 1040 (6 Cir.1984), 721 F.2d 1046 (6th cir.1983).

2

Before MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge and SPIEGEL,* District Judge.

ORDER

3

Having received from the Supreme Court an order in this case dated April 1, 1985, --- U.S. ----, 105 S.Ct. 1860, 85 L.Ed.2d 155 (1985), remanding the case to the Court for reconsideration in light of Wayte v. United States, 470 U.S. ----, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985), it is ORDERED that the case be remanded to the District Court for reconsideration in light of Wayte v. United States, 470 U.S. ----, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985). The case is remanded to the trial court because there is a possibility that the parties will seek to introduce additional evidence in this case.

*

The Honorable S. Arthur Spiegel, Judge of the United States District Court for the Southern District of Ohio, sitting by designation