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United States v. Roselia Flores-Calvillo

UNITED STATES of America, Plaintiff-Appellee, v. Roselia FLORES-CALVILLO, Defendant-Appellant

United States v. Flores-Calvillo, 571 F.2d 512 (9th Cir. 1978)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 6, 1978
Docket
No. 75-3785
Judges
Hufstedler, Choy, Smith
Citations
571 F.2d 5121978 U.S. App. LEXIS 12309

Opinion of the Court

The Government’s petition for rehearing is granted. The opinions heretofore filed are ordered withdrawn. Action upon the Government’s petition for rehearing was deferred until the decision of United States v. Rodriguez-Gastelum, 569 F.2d 482 (9th Cir. en banc 1978). The following per curiam opinion is substituted:

The conviction is vacated and the cause is remanded to the district court for the purpose of findings by the district court on the issues: (1) Did the Government carry its heavy burden of proving that appellant knowingly and intelligently waived her privilege against self-incrimination and her right to counsel, and (2) her right to silence? Within its discretion, the district court may decide both issues on the record heretofore made, or, it may order a further evidentiary hearing directed to those issues.

VACATED AND REMANDED,

Concurrence — Hufstedler

HUFSTEDLER, Circuit Judge,

concurring specially:

I adhere to the views that I expressed dissenting in United States v. Rodriguez-Gastelum, supra. I concur with the majority under the compulsion of United States v. Rodriguez-Gastelum, supra.

Combined text as published — syllabus, headnotes and all opinions in one document

571 F.2d 512

UNITED STATES of America, Plaintiff-Appellee, v. Roselia FLORES-CALVILLO, Defendant-Appellant.

No. 75-3785.

United States Court of Appeals, Ninth Circuit.

March 6, 1978.

Glenn S. Warren (argued) of Fed. Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Steve Peterson, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before HUFSTEDLER and CHOY, Circuit Judges, and SMITH, * District Judge.

The Government's petition for rehearing is granted. The opinions heretofore filed are ordered withdrawn. Action upon the Government's petition for rehearing was deferred until the decision of United States v. Rodriguez-Gastelum, 569 F.2d 482 (9th Cir. en banc 1978). The following per curiam opinion is substituted:

The conviction is vacated and the cause is remanded to the district court for the purpose of findings by the district court on the issues: (1) Did the Government carry its heavy burden of proving that appellant knowingly and intelligently waived her privilege against self-incrimination and her right to counsel, and (2) her right to silence? Within its discretion, the district court may decide both issues on the record heretofore made, or, it may order a further evidentiary hearing directed to those issues.

VACATED AND REMANDED.

1

HUFSTEDLER, Circuit Judge, concurring specially:

2

I adhere to the views that I expressed dissenting in United States v. Rodriguez-Gastelum, supra. I concur with the majority under the compulsion of United States v. Rodriguez-Gastelum, supra.

* Honorable Russell E. Smith, Chief Judge, United States District Court, District of Montana, sitting by designation

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. United States v. Jerry Delona Evans575 F.2d 1286 (9th Cir. 1978)

Most recent

  1. United States v. Jerry Delona Evans575 F.2d 1286 (9th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Rodriguez-Gastelum, 569 F.2d 482 (9th Cir. 1978) 82

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