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· 9/3/1996

United States v. Ming He, Also Known as Tony Jai

Citations

  • 94 F.3d 782
  • 1996 U.S. App. LEXIS 22678

How courts have described this case

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

  • exercising supervisory authority to create right to counsel at post-guilty plea cooperation debriefings; not deciding whether required by Sixth Amendment
  • noting particular importance of supervisory au- thority “when we are dealing with a procedure for which a uniform practice is called for”
  • “Our supervisory authority extends to sentencing, particularly when we are dealing with a procedure for which a uniform practice is called for”
  • when government debriefed defendant who was cooperating witness in separate matter in absence of defendant's attorney, trial court's improper reliance on defendant's lack of candor as sentencing factor was subject to harmless error analysis
  • “[W]hen a defendant is sentenced—unless he specifically alleges that he was denied the assistance of counsel and asks for a hearing on this subject—the issue is waived.”
  • when government debriefed defendant who was cooperating witness in separate matter in absence of defendant’s attorney, trial court’s improper reliance on defendant’s lack of candor as sentencing factor was subject to harmless error analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Calabresi, Nickerson

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.