Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Mateo VANCE, Defendant-Appellant

  • 62 F.3d 1152
  • 95 Daily Journal DAR 10612
  • 95 Cal. Daily Op. Serv. 6229
  • 1995 U.S. App. LEXIS 20702
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 7, 1995
Status
Published
Author
Reinhardt
On the bench
Reinhardt, Thompson, Kleinfeld
Cited by
89 cases

holding, under the amended § 3E1.1, that "[i]nsignificant evidence cannot outweigh a plea of guilty before trial, truthful admission of the elements of the offense, and absence of a false denial of technically relevant conduct"

How later courts described this case

  • holding, under the amended § 3E1.1, that "[i]nsignificant evidence cannot outweigh a plea of guilty before trial, truthful admission of the elements of the offense, and absence of a false denial of technically relevant conduct"
  • finding sufficient predicate to undertake a strip search where a traveler was returning from an unusually short trip, showed external signs of intoxication, was wearing cloth- ing inappropriate for the climate, and had a suspicious bulge beneath his clothes
  • holding that “exercise of a constitutional right cannot be held against a defendant for purposes of the adjustment, although it may reduce the amount of evidence in his favor”
  • noting that directing a suspect to undress amounts to a strip search

Written by the judges who cited it.

Distinguished

  • Distinguished by United States v. Williams, 18 F. App'x 637 (2001)

    See id. at 1158-60. Vance is also distinguishable because it was not a “relevant conduct” case.
    Court of Appeals for the Ninth CircuitSep 10, 2001Read it

The opinion

REINHARDT, Circuit Judge,

concurring specially.

Because 1 believe that the defendant was denied his right to allocution, I would not reach the issue of acceptance of responsibility. However, were I to do so, I would reach the same result as the majority. For that reason, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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