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UNITED STATES v. MONTECALVO

No. 75-1125.

545 F.2d 684 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Danny John MONTECALVO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 30, 1976.

Attorney(s) appearing for the Case

Lawrence R. Horn, San Francisco, Cal., for defendant-appellant.

J. S. Obenour, Jr., Asst. U.S. Atty., Tacoma, Wash., for plaintiff-appellee.

Before HUFSTEDLER and CHOY, Circuit Judges, and REAL, District Judge.

ON REHEARING

We granted the Government's petition for rehearing because we became convinced that the rule of United States v. Park (9th Cir. 1975) 521 F.2d 1381, holding that a violation of Rule 32 of the Federal Rules of Criminal Procedure was per se reversible error, which we followed in our original opinion,1 should not have been applied to this case. In Park, without the defendant...

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