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· 5/26/1995

United States v. Lorenzo Nichols, Howard Mason

Citations

  • 56 F.3d 403
  • 141 A.L.R. Fed. 787
  • 1995 U.S. App. LEXIS 13273

How courts have described this case

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

  • explaining that a court may “clarif[y]” its findings while an appeal is pending but may not substantively alter its judgment
  • noting that district court’s “simpl[e] clarification]” of its judgment did not run counter to rule
  • observing that, although' a notice of appeal generally di vests the district court of jurisdiction, the court can still “act in aid of [the] appeal” by clarifying a previous order (internal quotation marks omitted)
  • explaining that an effective notice of appeal deprives the district court of jurisdiction to change a sentence, but a district court may still clarify its findings “in aid of the appeal” (citation omitted)
  • “We decline to extend Pumett into an automatic adjournment rule every time the district court inquires further into competency.”
  • “In deciding that an evidentiary hearing is unnecessary, a court may rely not only on psychiatrists’ reports indicating competency but also on its own observations of the defendant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Altimari, Walker

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.