“[I]f a district court has abused its discretion, the court of appeals should not decide how to exercise the district court’s discretion; instead, it should remand the matter so that the district court can exercise its discretion free from the error of law.”
How later courts described this case
- “[I]f a district court has abused its discretion, the court of appeals should not decide how to exercise the district court’s discretion; instead, it should remand the matter so that the district court can exercise its discretion free from the error of law.”
- “[W]hen a district court commits an error of law in deciding how to exercise its discretion, that court has, by definition, abused its discretion”
Written by the judges who cited it.
The opinion
ORDER:
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure), the Suggestion of Rehearing En Banc is DENIED.