U.S. v. DAVILA

Nos. 10-15310, 11-10224.

749 F.3d 982 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony DAVILA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 15, 2014.


Attorney(s) appearing for the Case

Frank Phillip Cihlar , Gregory Victor Davis , Samuel Robert Lyons , Deborah K. Snyder , U.S. Department of Justice, Washington, DC, R. Brian Tanner , James D. Durham , Edward J. Tarver , U.S. Attorney's Office, Savannah, GA, Edmund A. Booth, Jr. , Carlton R. Bourne, Jr. , Patricia Green Rhodes , U.S. Attorney's Office, Augusta, GA, for Plaintiff-Appellee.

Robert Mark Loeb , Robert Michael Yablon , Orrick Herrington & Sutcliffe, LLP, Washington, DC, Anthony Davila , Thomson, GA, for Defendant-Appellant.

Before TJOFLAT, PRYOR, and KRAVITCH, Circuit Judges.


On Remand from the Supreme Court of the United States

PER CURIAM:

In United States v. Davila, 664 F.3d 1355 (11th Cir.2011) ("Davila I"), Anthony Davila argued — for the first time on appeal — that a Magistrate Judge's comments during a pre-plea hearing constituted improper judicial participation in plea discussions in violation of Federal Rule of Criminal Procedure 11(c)(1).

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