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

Court of Appeals for the Fifth Circuit·Decided November 10, 1994·No. 92-2909·Published

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.

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

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