Legal Opinion

United States v. Frank D. Monaco, United States of America v. Daniel Monaco, Jr.

Court of Appeals for the Ninth Circuit

Decided July 26, 1988No. 87-1011, 87-1013PublishedCited by 57 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Frank D. Monaco and Daniel Monaco, Jr. have appealed from the judgment entered following their pleas of guilty. They do not challenge the validity of their pleas. Instead, they contend that the district court erred prejudicially in its conduct of sentencing proceedings.

In resolving one of the issues in this appeal, we must decide for the first time whether a district court has the discretion to grant or deny an evidentiary hearing whenever a defendant challenges the accuracy of a statement in a presentence report.

I

PERTINENT FACTS

Frank Monaco founded Golden Plan of…

2Cases cited21 opinions

  1. United States v. Ruth StudleyCourt of Appeals for the Ninth Circuit · 1986
  2. United States v. Janice Weston, A/K/A Janice WallaceCourt of Appeals for the Ninth Circuit · 1971
  3. United States v. Alfred Esteban Azhocar, United States of America v. Alfred Esteban AzhocarCourt of Appeals for the Ninth Circuit · 1978
  4. United States v. George I. BennyCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. Herbert BaylinCourt of Appeals for the Third Circuit · 1982

16 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge InsuranceCourt of Appeals for the Ninth Circuit · 1993
  2. United States v. Hector GarciaCourt of Appeals for the First Circuit · 1992
  3. United States v. John McTiernanCourt of Appeals for the Ninth Circuit · 2012
  4. Hewlett-Packard Company, Plaintiff/cross-Appellant v. Bausch & Lomb IncorporatedCourt of Appeals for the Federal Circuit · 1989
  5. Robert P. Noli and Delora J. Noli v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1988

52 more not listed; retrieve them via the Exa API.

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