In an unusual little order, CA3 today remanded for the district court to state the factual basis for its order denyng suppression of the fruits of a search. Such findings, the panel explained, were required by Fed. R. Crim. P. 12(d).
The case strikes me as unusual because, while it posted on the court’s website on the page for precedential opinions, it was titled a order rather than an opinion, the order itself was not labelled precedential, and it was signed by one judge and attested by the court clerk. I am uncertain whether future panels will consider it precedential. I’m also not clear how panels decide whether to issue and an order instead of an opinion. Certainly an order is more efficient here, but I’m not sure how this error was different from other lower-court errors the court corrects by opinion.
One other point that may or may not mean something. In a footnote, the panel observed that the defendant sought to appeal on other grounds but ruled that these grounds were waived by his guilty-plea appeal waiver. No mention of voiding the plea deal as the panel had done in Erwin, en banc rehearing granted.
All of which may perfectly routine and mean nothing. If anyone has more insight about any of that, comment away.
The case is United States v. Diaz-Hinirio. Shwartz signed the order, Chagares and Jordan also were on the panel.