Smith v. United States (502 U.S. 1017)

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for a writ of certiorari is denied. Opinion of Justice STEVENS respecting the denial of the petition for writ of certiorari. For the reasons stated in Justice BLACKMUN'S dissenting opinion, there is no escape from the conclusion that the Court of Appeals committed error in this case. I write only to note that I find it difficult to articulate an acceptable theory of discretionary review that would explain both the Court's denial of certiorari in this case and its summary reversal in Mireles v. Waco, --- U.S., 112 S.Ct. 286, 116 L.Ed.2d 9 (per curiam ) and Hunter v. Bryant, --- U.S., 112 S.Ct. 534, --- L.Ed.2d (per curiam ). Justice THOMAS took no part in the consideration or decision of this petition. Justice BLACKMUN, with whom Justice O'CONNOR and Justice SOUTER join, dissenting.