U.S. v. SESMA-HERNANDEZ

No. 99-10491.

253 F.3d 403 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Conrado SESMA-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2001


Attorney(s) appearing for the Case

John C. Lambrose and Jason F. Carr, Assistant Federal Public Defenders, Las Vegas, Nevada, for the defendant-appellant.

Walter L. Ayers, Assistant United States Attorney, Las Vegas, Nevada, and Jonathan L. Marcus, Criminal Appellate Section, United States Department of Justice, Washington D.C., for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Judge, PROCTER HUG, JR., ALEX KOZINSKI, STEPHEN S. TROTT, PAMELA ANN RYMER, M. MARGARET McKEOWN, WILLIAM A. FLETCHER, RAYMOND C. FISHER, RICHARD A. PAEZ, MARSHA S. BERZON and RICHARD C. TALLMAN, Circuit Judges.


Argued and Submitted March 20, 2001 — San Francisco, California

SCHROEDER, Chief Judge:

We reheard this case en banc in order to resolve some inconsistencies in our case law regarding what a district court must do, when revoking a defendant's probation or supervised release, to provide the defendant with due process and ensure an adequate record for our review. Federal Criminal Procedure Rule 32.1(a)(2) provides...

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