Does the government have the authority to request a reconsideration of a previously submitted declaration on the basis that the declaration is substantially different than that made in previous proceedings?
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The following excerpt is from U.S. v. Davis, 56 F.3d 74 (9th Cir. 1995):
2 The government appears to argue that the law of the case doctrine precludes the reconsideration of this issue. We assume without holding that the newly submitted declaration constitutes evidence substantially different from that presented in previous proceedings; thus, we need not follow our previous holding. See Hegler v. Borg, No. 94-55450, slip op. 3339, 3346-47 (9th Cir. March 27, 1995).
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