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United States v. Timothy Dean Smith

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Dean SMITH, Defendant-Appellant

United States v. Smith, 405 F.3d 726 (9th Cir. 2005)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
April 27, 2005
Docket
No. 03-30533
Judges
Wallace, Gould, Bea
Citations
405 F.3d 7262005 WL 9571882005 U.S. App. LEXIS 7173

Opinion

ORDER The court’s opinion filed December 3, 2004, slip op. 16459, and appearing at 390 F.3d 661 (9th Cir.2004), is hereby amended as follows:

1. Line seven on slip op. 16467, after citation to Bonat, 106 F.3d at 1477, insert: “The Supreme Court has recently approved the use of a plea colloquy transcript.

See Shepard v. United States, 544 U.S. -, 125 S.Ct. 1254, 1255 , 161 L.Ed.2d 205 (2005).”

2. Line five of slip op. 16471, after “of this mandate,” insert: “The Supreme *727-763 Court has suggested that a court’s reliance on a defendant’s own admissions, as evidenced by a plea transcript, does not implicate the concerns underlying Apprendi. See Shepard, 125 S.Ct. at 1261-62 .”

With these amendments, the panel has voted to deny the petition for panel rehearing. Judge Gould and Judge Bea have voted to deny the petition for rehearing en banc, and Judge Wallace so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App.P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No subsequent petitions for rehearing or rehearing en banc may be filed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 18 cases

View all citing references →
2005: 62006: 32007: 32008: 12009: 12010: 12011: 22015: 120052026peak 2005 · 6

Relies on it most ⓘ

  1. United States v. Hernandez-Hernandez431 F.3d 1212 (9th Cir. 2005)
  2. United States v. Vidal504 F.3d 1072 (9th Cir. 2007)
  3. United States v. Jennings515 F.3d 980 (9th Cir. 2008)
  4. United States v. Julio Almazan-Becerra482 F.3d 1085 (9th Cir. 2007)
  5. United States v. Laron Kevin Kortgaard425 F.3d 602 (9th Cir. 2005)
  6. United States v. Merlin Marcia-Acosta780 F.3d 1244 (9th Cir. 2015)

Most recent

  1. United States v. Merlin Marcia-Acosta780 F.3d 1244 (9th Cir. 2015)
  2. Young v. Holder653 F.3d 897 (9th Cir. 2011)
  3. Young v. Holder634 F.3d 1014 (9th Cir. 2011)
  4. United States v. Ernesto Martinez-Vazquez410 F. App'x 28 (9th Cir. 2010)
  5. United States v. Pena-Aguilar320 F. App'x 603 (9th Cir. 2009)
  6. United States v. Jennings515 F.3d 980 (9th Cir. 2008)

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 2

DepthCaseCited by
Shepard v. United States, 544 U.S. 13 (2005) 3,635
United States v. Smith, 390 F.3d 661 (9th Cir. 2004) 50

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