KOSS

v.

SLATER, JUDGE

Citator

Cited By

• Alvarado v. United States, 497 U.S. 543 (U.S. 1990)
  …error has been made by the court below, it is not unusual for us to grant certiorari, vacate the judgment below, and direct reconsideration in light of the representations made by the United States in this Court. See, e. g., Biddle v. United States, 484 U. S. 1054 (1988); Malone v. United States, 484 U. S. 919 (1987). Nor is it novel to do so in a case where error is conceded but it is suggested that there is another ground on which the decision below could be affirmed if the case were brought here. Indeed, a…
• United States v. Horacio Alvarado, 923 F.2d 253 (2d Cir. 1991)
  …ently, however, without assessing the issue for itself, the Court has remanded for reconsideration in light of the Solicitor General’s position. See Chappell v. United States, — U.S.-, 110 S.Ct. 1800, 108 L.Ed.2d 931 (1990); Biddle v. United States, 484 U.S. 1054, 108 S.Ct. 1004, 98 L.Ed.2d 971 (1988); Malone v. United States, 484 U.S. 919, 108 S.Ct. 278, 98 L.Ed .2d 239 (1987). . The Supreme Court’s opinion leaves some ambiguity as to whether we may consider both the existence of a prima facie case and the…