# United States v. Dennis Harlan Brown

> Court of Appeals for the Ninth Circuit · January 24, 1972 · 454 F.2d 397

URL: https://www.frixlaw.com/law-library/cases/9457749

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Dennis Harlan BROWN, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 24, 1972
- **Citations:** 454 F.2d 397; 1972 U.S. App. LEXIS 11678
- **Precedential status:** Published
- **Opinion:** Concurrence by Ely
- **Judges:** Ely, Trask, Choy
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9457749

## Opinion text

ELY, Circuit Judge
(concurring):
I concur in the result. At the same time, I feel obliged to record my strong disagreement with the reasoning of United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969), cited by the majority. When the Nelson court issued its opinion, I believed that its departure from a rule honored by time and still followed by most of the world’s English-speaking jurisdictions was wrong. I retain that belief, and when and if I am ever required to participate in the decision of a case wherein the applications of the Nelson test may be critical, I shall, if I have not then altered my views, fully explain them.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457749. Public record. Not legal advice.