Legal Opinion
In Re United States of America
Court of Appeals for the Eleventh Circuit
Decided February 28, 1986No. 85-6027PublishedCited by 10 opinions
Non-Argument Calendar.
1Per curiam
The government seeks a writ of mandamus directing the district court to arraign three defendants in their presence. The district court allowed the defendants to waive appearance at arraignment and to enter not guilty pleas through their lawyers. Because the district court’s actions are directly contrary to the requirements of Federal Rule of Criminal Procedure 43(a), mandamus must issue.
In April 1985, the defendants were indicted on firearms charges by a federal grand jury in New Jersey. They were arrested in New Jersey and posted bond. On June 20, 1985, a federal grand jury in Miami returned…
2Cases cited2 opinions
- In Re United States of America, United States of America v. Salvatore J. CannatellaCourt of Appeals for the Second Circuit · 1979
- United States v. MeinsterDistrict Court, S.D. Florida · 1979
3Cited by10 opinions
- David Valenzuela-Gonzalez v. United States District Court for the District of Arizona, United States of America, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1990
- United States v. Torres-PalmaCourt of Appeals for the Tenth Circuit · 2002
- United States v. Gregory BetheaCourt of Appeals for the Seventh Circuit · 2018
- United States v. MelgozaDistrict Court, S.D. Ohio · 2003
- United States v. WrightDistrict Court, M.D. Alabama · 2004
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