|HOHN v. UNITED STATES (96-8986)|
99 F.3d 892, vacated and remanded.
[ Kennedy ]
[ Souter ]
[ Scalia ]
Souter, J., concurring
ARNOLD F. HOHN, PETITIONER v. UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
[June 15, 1998]
Justice Souter, concurring.
I would be content to decide this case on the authority of House v. Mayo, 324 U.S. 42 (1945) (per curiam), that common-law certiorari is available to review the denial of the certificate, leaving Houses precarious future for another day when its precedential value might have to be faced squarely. But that course would command no more than a minority of one, and there is good reason to deny it even that support. Houses holding on what may be