Legal Opinion

United States v. Nicholas Gonzales-Flores

Court of Appeals for the Fourth Circuit

Decided December 4, 2012No. 11-4926PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WILKINSON, Circuit Judge:

In this ease, we must decide whether Rule 43 of the Federal Rules of Criminal Procedure requires that a defendant be present at a pretrial hearing where the district court determines whether the government violated its discovery obligations and, if so, how to remedy the violation. After counsel for defendant Nicholas Gonzales-Flores filed a motion in limine seeking to exclude evidence as a sanction for the government’s alleged discovery violation, the district court denied the motion at a hearing that Gonzales-Flores did not attend and in which he did not…

2Cases cited24 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. YoungSupreme Court of the United States · 1985
  3. Snyder v. MassachusettsSupreme Court of the United States · 1934
  4. Kentucky v. StincerSupreme Court of the United States · 1987
  5. United States v. GagnonSupreme Court of the United States · 1985

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3Cited by13 opinions

  1. United States v. Kevin FuertesCourt of Appeals for the Fourth Circuit · 2015
  2. United States v. Michael WoodsCourt of Appeals for the Fourth Circuit · 2013
  3. United States v. Joe ReyesCourt of Appeals for the Ninth Circuit · 2014
  4. United States v. Duane EhmerCourt of Appeals for the Ninth Circuit · 2023
  5. United States v. Donald Ferguson, IICourt of Appeals for the Fourth Circuit · 2025

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