Legal Opinion

United States v. Michael L. Montalvo

Court of Appeals for the Ninth Circuit

Decided June 9, 2003No. 01-17046PublishedCited by 64 opinions

1Opinion of the Court

PER CURIAM Opinion; Concurrence by Judge KOZINSKI.

*1054OPINION

2Per curiam

We consider whether the new rule announced in Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999), is retroactively applicable to criminal convictions that had become final by the time of the Supreme Court’s decision.

I

Montalvo was charged with one count of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846, and one count of engaging in a continuing criminal enterprise (CCE), 21 U.S.C. § 848. The jury convicted him of the CCE count, and the trial judge sentenced him to life…

3Cases cited42 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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4Cited by64 opinions

  1. Ybarra v. McDanielCourt of Appeals for the Ninth Circuit · 2011
  2. Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2003
  3. United States v. David GeozosCourt of Appeals for the Ninth Circuit · 2017
  4. United States v. DagoCourt of Appeals for the Tenth Circuit · 2006
  5. Larry Junior Webster v. Jeanne S. Woodford, Warden, at San Quentin California State PrisonCourt of Appeals for the Ninth Circuit · 2004

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