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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-687
- --------
- MONTANA, PETITIONER v. DONALD GLENN IMLAY
- on writ of certiorari to the supreme court
- of montana
- [November 3, 1992]
-
- Justice Stevens, concurring.
- When the trial judge revoked respondent's parole, he
- reinstated a 5-year sentence of imprisonment. On appeal,
- the Montana Supreme Court, in the decision before us,
- vacated the revocation order and remanded the case for
- resentencing. 92 Mont. 82, 813 P. 2d 979 (1991). The
- trial court subsequently resentenced respondent, again to
- a 5-year term of imprisonment, and the Montana Supreme
- Court upheld that sentence in a judgment not now before
- us for review.
- Thus, no matter which party might prevail in this
- Court, the respondent's term of imprisonment will be the
- same. At oral argument, neither counsel identified any
- way in which the interests of his client would be advanced
- by a favorable decision on the merits-except, of course,
- for the potential benefit that might flow from an advisory
- opinion. Because it is not the business of this Court to
- render such opinions, it wisely decides to dismiss a
- petition that should not have been granted in the first
- place.
-