CHAVEZ v. UNITED STATES

No. 78-3513.

656 F.2d 512 (1981)

Ruben Portillo CHAVEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.

As Modified October 28, 1981.


Attorney(s) appearing for the Case

Hal D. Meltzer, Lawrence, Kan., for petitioner-appellant.

Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., for respondent-appellant.

Before BROWNING, Chief Judge, and KENNEDY and SKOPIL, Circuit Judges.


SKOPIL, Circuit Judge:

The government has moved to expand the record to include the transcript of the competency and guilty plea proceedings held October 7, 1976. It also moves for rehearing based on the expanded record. Despite the government's egregious and unexcused delay, we grant the motion and the petition.

The central issue on this appeal has always been whether Chavez was denied due process because the trial court failed to order, on its own motion...

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