United States v. Correa-Torres
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This appeal requires us to decide, for the first time, what requirements must be met when a probationer, parolee, or person on supervised release purposes to waive his right to a revocation hearing under Federal Rule of Criminal Procedure 32.1. 1 We conclude that the record must show, affirmatively or by fair implication, that any such waiver was knowingly and voluntarily made. Because the record in the instant case reflects no such showing, we vacate the appellant’s sentence and remand for further proceedings consistent with this opinion (including an opportunity for the…
2Cases cited31 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brady v. United StatesSupreme Court of the United States · 1970
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
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