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No. 8945863
United States Court of Appeals for the Ninth Circuit
United States v. Dicesare
No. 8945863 · Decided December 2, 1985
No. 8945863·Ninth Circuit · 1985·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 2, 1985
Citation
No. 8945863
Disposition
See opinion text.
Full Opinion
ORDER AMENDING OPINION The opinion filed in the above ease on July 10,1985, and reported at 765 F.2d 890 , is amended as follows: The second full paragraph, left hand column, on page 901 of 765 F.2d is hereby deleted, and the following is inserted in its place: We affirm DiCesare’s conviction and vacate Marin’s conviction and remand for a new trial. Since Flannery entered a conditional guilty plea pursuant to rule 11(a)(2), Fed.R.Crim.P., and has prevailed on appeal from the district court’s denial of her pretrial motions for evidentiary hearings on the August and September entries, we vacate her conviction and remand so that she may withdraw her conditional guilty plea and stand trial. Since we find no merit to any of Flannery’s other assigned errors, if she does not withdraw her plea and the district court finds, after a hearing, that the officers complied with the knock and announce statute or that their compliance was excused, the district court may re-enter the judgment of her conviction.
Plain English Summary
ORDER AMENDING OPINION The opinion filed in the above ease on July 10,1985, and reported at 765 F.2d 890 , is amended as follows: The second full paragraph, left hand column, on page 901 of 765 F.2d is hereby deleted, and the following is i
Key Points
01ORDER AMENDING OPINION The opinion filed in the above ease on July 10,1985, and reported at 765 F.2d 890 , is amended as follows: The second full paragraph, left hand column, on page 901 of 765 F.2d is hereby deleted, and the following is i
02Since Flannery entered a conditional guilty plea pursuant to rule 11(a)(2), Fed.R.Crim.P., and has prevailed on appeal from the district court’s denial of her pretrial motions for evidentiary hearings on the August and September entries, we
03Since we find no merit to any of Flannery’s other assigned errors, if she does not withdraw her plea and the district court finds, after a hearing, that the officers complied with the knock and announce statute or that their compliance was
04
Frequently Asked Questions
ORDER AMENDING OPINION The opinion filed in the above ease on July 10,1985, and reported at 765 F.2d 890 , is amended as follows: The second full paragraph, left hand column, on page 901 of 765 F.2d is hereby deleted, and the following is i
FlawCheck shows no negative treatment for United States v. Dicesare in the current circuit citation data.
This case was decided on December 2, 1985.
Use the citation No. 8945863 and verify it against the official reporter before filing.