United States v. Marvin Castro

Fifth Circuit

United States v. Marvin Castro

38 F.3d 759, 1994 U.S. App. LEXIS 31569, 1994 WL 623009

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 10, 1994

Docket92-2909

StatusPublished

This text of 38 F.3d 759 (United States v. Marvin Castro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Marvin Castro, 38 F.3d 759, 1994 U.S. App. LEXIS 31569, 1994 WL 623009 (5th Cir. 1994).

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Opinion

FRANK A. KAUFMAN, District Judge:

The petition for panel rehearing filed by the government on August 24, 1994, is hereby denied. As indicated at 26 F.3d 557, 559 n. 5, this Court has determined that the cause and prejudice requirement is applicable to coram nobis. Insofar as the government’s requests to clarify the facts concerning Mr. Castro’s marriage and the birth of the child are concerned, this Court takes no position at this time with regard to the weight, if any, to be assigned to such evidence, and leaves it to the district court, upon remand, appropriately to consider the same.

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FRANK A. KAUFMAN, District Judge:

The petition for panel rehearing filed by the government on August 24, 1994, is hereby denied. As indicated at 26 F.3d 557, 559 n. 5, this Court has determined that the cause and prejudice requirement is applicable to coram nobis. Insofar as the government’s requests to clarify the facts concerning Mr. Castro’s marriage and the birth of the child are concerned, this Court takes no position at this time with regard to the weight, if any, to be assigned to such evidence, and leaves it to the district court, upon remand, appropriately to consider the same.

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Bluebook (online)

38 F.3d 759, 1994 U.S. App. LEXIS 31569, 1994 WL 623009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marvin-castro-ca5-1994.

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