U.S. v. Petty, s. 90-30291
| Decision Date | 11 May 1993 |
| Docket Number | Nos. 90-30291,s. 90-30291 |
| Citation | 992 F.2d 1015 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Robert M. PETTY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Melvin L. DeWITT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Pasqual DEBRAINE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jordan Rodrigues QUINTAL, Jr., Defendant-Appellant. to 90-30294. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before HUG, NOONAN, and THOMPSON, Circuit Judges.
ORDER
This opinion, published at 982 F.2d 1365 (9th Cir.1993) is amended as follows:
The second and third paragraphs under CONCLUSION at page 1370 are amended to read as follows:
The challenges to the sentences of Petty, DeWitt, Debraine, and Quintal, on the grounds set forth in this opinion, are rejected. However, pursuant to our unpublished memorandum disposition and our separate opinion filed herewith, the sentences of Petty, DeWitt, Debraine, and Quintal are remanded to the district court for reconsideration.
Sentences of Petty, DeWitt, Debraine, and Quintal REMANDED.
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49 cases
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U.S. v. Corbin, 92-1459
...Guidelines. See United States v. Petty, 982 F.2d 1365, 1368, 1370 (9th Cir.) (collecting cases), amended on other grounds, 992 F.2d 1015 (9th Cir.1993). Although a number of these circuits have recognized that the constitutional guarantee of due process places some limits on the use of hear......
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U.S. v. Oca
...process would likely dictate that he have that opportunity, see United States v. Petty, 982 F.2d 1365, 1369 (9th Cir.), amended by 992 F.2d 1015 (9th Cir.1993), but this would lead the district court into the very factfinding Taylor sought to avoid. See Taylor, 495 U.S. at 601, 110 S.Ct. 21......
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United States v. Franklin
...the Federal Rules of Evidence apply to such hearings. United States v. Petty , 982 F.2d 1365, 1367–69 (9th Cir.), as amended by 992 F.2d 1015 (9th Cir. 1993) ; Fed. R. Evid. 1101(d)(3). Nevertheless, "[d]ue process requires that some minimal indicia of reliability accompany a hearsay statem......
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...States v. Petty, 982 F.2d 1365, 1367 (9th Cir.1993) (discussing permissible use of hearsay at sentencing so long as reliable), amended 992 F.2d 1015, and cert. denied, 510 U.S. 1040, 114 S.Ct. 683, 126 L.Ed.2d 650 (1994). There is no declaration from Flores-Torres or any other witness, nor ......
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