Case Resources
Search this Case
in Google Scholar
on the Web
Google
Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google
News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google
Blog Search
Technorati Blog Search
in other Databases
Google
Book Search
Justia Research Resources
Justia.com
Supreme Court Center
US Regulation Tracker
US District Court Opinions
Federal District Court Civil Case Filings
Legal Blog Search
Legal Podcast Search
USA Constitution Annotated
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
WashLaw Directory
World LII
Cases Provided By
Creative Commons
public.resource.org
United States of America, Plaintiff-appellee, v. Omar Castillo-casiano, Defendant-appellant
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT - 204 F.3d 1257 (9th Cir. 2000)
Argued and Submitted June 11, 1999--Pasadena, CaliforniaFiled December 28, 1999Amended March 10, 2000
Mark S. Windsor, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.
Melanie K. Pierson, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.
Appeal from the United States District Court for the Southern District of California Howard B. Turrentine, District Judge, Presiding, D.C. No. CR-98-01010-HBT
Before: Dorothy W. Nelson, Stephen Reinhardt, and Stephen S. Trott, Circuit Judges.
ORDER
The opinion filed December 28, 1999 is amended as follows:
1. On slip opinion page 14988, line 11, add the following footnote after the sentence that ends "we may only determine whether the facts could possibly support such a departure:" This standard for determining whether the error was harmless applies in both plain error and harmless error cases, because shifting the burden from the government to the defendant, as we do in Rule 52(b) plain error cases (including the present case), does not affect the substantive standard governing what renders an error prejudicial. See Olano, 567 U.S. at 734. In sentencing discretion cases the shift will ordinarily have little or no practical consequence.
With the opinion thus amended, the panel has voted unanimously to deny appellants' petition for rehearing and petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.
Accordingly, the petition for rehearing and the petition for rehearing en banc are DENIED.