US v. Fortner, No. 05-4104. You gotta love this. “Five days before the brief for the United States as appellee was due, the government filed a motion for summary affirmance along with a motion to suspend briefing in the appeal.” The District Court had said that he would get a longer sentence. It is denied. Why? The government essentially the same arguments it would have made in a brief, and:
Motions for summary affirmance generally should be confined to certain limited circumstances. Summary disposition is appropriate in an emergency, when time is of the essence and the court cannot wait for full briefing and must decide a matter on motion papers alone…. Summary affirmance may also be in order when the arguments in the opening brief are incomprehensible or completely insubstantial.