United States v. Roselia Flores-Calvillo, 571 F.2d 512 (9th Cir. 1978). · Go Syfert
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United States v. Roselia Flores-Calvillo, 571 F.2d 512 (9th Cir. 1978). Cases Citing This Book View Copy Cite
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UNITED STATES of America, Plaintiff-Appellee,
v.
Roselia FLORES-CALVILLO, Defendant-Appellant
75-3785.
Court of Appeals for the Ninth Circuit.
Mar 6, 1978.
571 F.2d 512
1978 U.S. App. LEXIS 12309
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.
Hufstedler, Choy, Smith.
Cited by 5 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

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 The opinions heretofore filed are ordered withdrawn.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.

Lead Opinion

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 The opinions heretofore filed are ordered withdrawn.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, 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.