Opinion

United States v. John Lakatos

  • 241 F.3d 690
  • 2001 Daily Journal DAR 1517
  • 2001 Cal. Daily Op. Serv. 1165
  • 2001 U.S. App. LEXIS 1802
  • 2001 WL 102275
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 8, 2001
Status
Published
Author
Thomas
On the bench
Trott, Thomas, Berzon
Cited by
11 cases

applying the specific-over- general canon because the special condition concerned “precisely the same subject matter contemplated by § 3563(b)(20)”

How later courts described this case

  • applying the specific-over- general canon because the special condition concerned “precisely the same subject matter contemplated by § 3563(b)(20)”
  • requiring child-support payments is related to several statutory factors

Written by the judges who cited it.

The opinion

THOMAS, Circuit Judge,

concurring in part and dissenting in part:

I concur in the majority opinion in all but one respect. The record in this case is *696 devoid of any record of either the California or Idaho child support orders or judgments. Thus, it is impossible for me to ascertain which state has the controlling order pursuant to the Uniform Interstate Family Support Act. See Cal. Family Code §§ 4911 ; Idaho Code §§ 7-1010 . Thus, it is also impossible to determine whether the condition of supervised released negated the express terms of the operative state order. Thus, I would remand for further development of the record and reconsideration by the district court in light of our decision, without holding that the California court order is conclusive.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.