Legal Opinion
United States v. Otis Hayes
Court of Appeals for the Sixth Circuit
Decided March 23, 1999No. 97-1522PublishedCited by 57 opinions
1Opinion of the CourtMoore, J., joined by Oliver, D. J.,
BATCHELDER, J. (pp. 395-98), delivered a separate dissenting opinion.
MOORE, Circuit Judge.
Otis Hayes appeals his sentence for bank robbery, claiming that the district court improperly relied on ex parte communications from victims of the crime. Because the court’s failure to disclose this evidence was plain error and was prejudi*391cial to Hayes’s rights, we VACATE the sentence and REMAND for resentencing.
I. BACKGROUND
Hayes was convicted in federal court of bank robbery and use of a firearm during a crime of violence. A probation officer prepared a presentence report, to which Hayes was given an…
2Cases cited8 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. AtkinsonSupreme Court of the United States · 1936
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. Thomas A. Burger, National Association of Criminal Defense Lawyers, Inc., Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Stewart v. ErwinCourt of Appeals for the Sixth Circuit · 2007
- United States v. StewartCourt of Appeals for the Sixth Circuit · 2002
- United States v. VowellCourt of Appeals for the Sixth Circuit · 2008
- United States v. Jesse James VandebergCourt of Appeals for the Sixth Circuit · 2000
- United States v. Robert Tequan Nappi, A/K/A Quan Nappi, A/K/A Keith Wade, Robert Tequan NappiCourt of Appeals for the Third Circuit · 2001
52 more not listed; retrieve them via the Exa API.