United States v. Herman Mers, Lester Mers, Randy James Myers, Paul J. Ferrante

How courts have described this case

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

• holding that a district court's violation of Garcia and Federal Rule of Criminal Procedure 44(c) was harmless error because there was no actual conflict
• holding a failure to hold a Garcia holding is harmless error if no actual conflict exists
• “Failing to adopt a strategy . . . may well give rise to an actual conflict of interest, but to do so the strategy must have been an option realistically available to trial counsel.” (emphasis added)
• “We reject [the] argument that the thirty day under advisement exclusion is a total for both the magistrate and the district court.”
• subsection (J) begins on the day following the date on which the court has received everything it needs in order to reach a decision
• “The magistrate’s report, however, 24 cannot automatically become the order of the court merely 25 because none of the parties object.”

Source: CourtListener parenthetical corpus (CC0).