Chatrie v. United States · ¶115

The Court therefore erred by granting certiorari, and we should now dismiss this petition as improvidently granted. See Conway v. California Adult Authority, 396 U. S. 107, 110 (1969) (per curiam) (dismissing when resolving the issue addressed in the petition would produce an advisory opinion). Alternatively, this Court could affirm the decision below on good-faith grounds. Although the Court did not grant certiorari on this question, we may affirm a judgment on any ground supported by the record, and we would not be the court of “first view” on the good-faith issue. Upper Skagit Tribe v. Lundgren, 584 U. S. 554, 560–561 (2018). The Government properly presented this issue below, the District Court admitted the contested evidence on good- faith grounds, a majority of the en banc Fourth Circuit voted to affirm on that basis, and the Government continued to press good faith at the…

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