Legal Opinion
United States v. Danny John Montecalvo
Court of Appeals for the Ninth Circuit
Decided November 30, 1976No. 75-1125PublishedCited by 50 opinions
1Opinion of the Court
ON REHEARING
Before HUFSTEDLER and CHOY, Circuit Judges, and REAL,* District Judge.
We granted the Government’s petition for rehearing because we became convinced that the rule of United States v. Park (9th Cir. 1975) 521 F.2d 1381, holding that a violation of Rule 32 of the Federal Rules of Criminal Procedure was per se reversible error, which we followed in our original opinion,1 should not have been applied to this case. In Park, without the defendant’s consent and in plain violation of Gregg v. United States (1969) 394 U.S. 489, 89 S.Ct. 1134, 22 L.Ed.2d 442, the trial judge had read the…
2Cases cited5 opinions
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- Berger v. United StatesSupreme Court of the United States · 1921
- Gregg v. United StatesSupreme Court of the United States · 1969
- United States v. Loretta Mae ParkCourt of Appeals for the Ninth Circuit · 1975
- United States v. Danny John MontecalvoCourt of Appeals for the Ninth Circuit · 1976
3Cited by50 opinions
- UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph Eclavea Perez; John Velasco Cruz, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997
- United States v. Servando Reyes-Alvarado, United States of America v. Martin Gonzalez-RamirezCourt of Appeals for the Ninth Circuit · 1992
- United States v. Alfred Esteban Azhocar, United States of America v. Alfred Esteban AzhocarCourt of Appeals for the Ninth Circuit · 1978
- In Re Corrugated Container Antitrust Litigation. Steering CommitteeCourt of Appeals for the Fifth Circuit · 1980
- United States v. David Lee BaldwinCourt of Appeals for the Ninth Circuit · 1993
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