Monday, October 23, 2006

nolo contendere convictions were legally insufficient

US v. Nguyen (10/18/06 - No. 06-30011)
A conviction under 8 U.S.C. section 1253(b) for willful failure to comply with a term of release under supervision -- which required that he not “commit any crimes” -- is reversed where defendant's misdemeanor nolo contendere convictions were legally insufficient to support his conviction under section 1253(b), and moreover, the convictions should not have been admitted under Rules 410, 803(22), or 803(8) for the purpose of proving that he actually committed the underlying crimes charged. http://caselaw.lp.findlaw.com/data2/circs/9th/0630011p.pdf

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