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· 6/8/1994

United States v. George Retos, Jr.

Citations

  • 25 F.3d 1220
  • 1994 U.S. App. LEXIS 13646
  • 1994 WL 244885

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding without analysis that a defective willfulness instruction given prior to Ratzlaf in a structuring case seriously affects the fairness, integrity or public reputation of judicial proceedings
  • noting that the evidence was sufficient to sustain a conviction for structuring when the evidence included defendant's status as an attorney
  • finding error where the district court instructed the jury that the defendant must act willfully but failed to define the term “willfulness”
  • applying plain error review “where the error was unclear at the time of trial but becomes clear on appeal because the applicable law has been clarified” (quoting United States v. Olano, 507 U.S. 725, 734 (1993))
  • quotingUnited States v. Olano, 113 S.Ct. 1770, 1777 (1993); see alsoFed. R. Crim. P. 52(b) (\Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.\
  • “[W]e note the lack of guidance on how lower courts 26 are to apply the special solicitude doctrine to standing questions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greenberg, Garth, Robreno

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.