U.S. v. Montilla, No. 88-5177
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before WALLACE, FARRIS and BEEZER |
| Citation | 907 F.2d 115 |
| Decision Date | 12 July 1990 |
| Docket Number | No. 88-5177 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Maria Yanibe MONTILLA, Defendant-Appellant. |
Page 115
v.
Maria Yanibe MONTILLA, Defendant-Appellant.
Ninth Circuit.
Before WALLACE, FARRIS and BEEZER, Circuit Judges.
By order filed April 20, 1989, the mandate was stayed in this cause pending a decision of the United States Supreme Court in United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988). The Supreme Court's opinion in United States v. Munoz-Flores, --- U.S. ----, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990), reverses the decision in Munoz-Flores. Accordingly, our opinion in the above cause at 870 F.2d 549 (9th Cir.1989) is amended by striking all of part V and substituting the following:
The district court ordered Montilla to pay a mandatory special assessment of $50 pursuant to 18 U.S.C. Sec. 3013(a)(2)(A) (1984). This assessment was proper. Munoz-Flores, --- U.S. ----, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990).
The mandate shall issue forthwith.
AFFIRMED.
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55 practice notes
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U.S. v. Navarro, No. CR S-94-390 LKK.
...552 (9th Cir.1989) (citing Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973)), amended on other grounds, 907 F.2d 115 (9th Cir.1990). Despite the broad applicability of this principle, it is not all encompassing. Thus, "[a] plea of guilty to a charge does n......
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State v. Norris, No. 20020966-CA.
...to state an offense' are jurisdictional claims not waived by the guilty plea" (quoting Broncheau, 597 F.2d at 1262 n. 1)), amended by 907 F.2d 115 (9th Cir.1990); United States v. Barboa, 777 F.2d 1420, 1423 n. 3 (10th Cir.1985) ("A plea of guilty ... does not bar a claim that the defendant......
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U.S. v. Perlaza, No. 02-50084.
...v. Montilla 870 F.2d 549, 552 (9th Cir.1989) (quoting United States v. Broncheau, 597 F.2d 1260 1262 n. 1 (9th Cir.1979)), amended by 907 F.2d 115 (9th Cir.1990); see also United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005) ("[I]t is well-settled that an unconditional guilty ......
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U.S. v. Arzate-Nunez, ARZATE-NUNE
...that this court may nonetheless address the claim under United States v. Montilla, 870 F.2d 549 (9th Cir.1989), amended on other grounds, 907 F.2d 115 (9th Cir.1990). We disagree. In Montilla, we emphasized that a defendant who pleads guilty does not thereby waive jurisdictional claims such......
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58 cases
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U.S. v. Navarro, No. CR S-94-390 LKK.
...552 (9th Cir.1989) (citing Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973)), amended on other grounds, 907 F.2d 115 (9th Cir.1990). Despite the broad applicability of this principle, it is not all encompassing. Thus, "[a] plea of guilty to a charge does n......
-
U.S. v. Perlaza, No. 02-50084.
...v. Montilla 870 F.2d 549, 552 (9th Cir.1989) (quoting United States v. Broncheau, 597 F.2d 1260 1262 n. 1 (9th Cir.1979)), amended by 907 F.2d 115 (9th Cir.1990); see also United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005) ("[I]t is well-settled that an unconditional guilty ......
-
State v. Norris, No. 20020966-CA.
...to state an offense' are jurisdictional claims not waived by the guilty plea" (quoting Broncheau, 597 F.2d at 1262 n. 1)), amended by 907 F.2d 115 (9th Cir.1990); United States v. Barboa, 777 F.2d 1420, 1423 n. 3 (10th Cir.1985) ("A plea of guilty ... does not bar a claim that the defendant......
-
U.S. v. Arzate-Nunez, ARZATE-NUNE
...that this court may nonetheless address the claim under United States v. Montilla, 870 F.2d 549 (9th Cir.1989), amended on other grounds, 907 F.2d 115 (9th Cir.1990). We disagree. In Montilla, we emphasized that a defendant who pleads guilty does not thereby waive jurisdictional claims such......
Request a trial to view additional results