United States v. Marvin Castro

U.S. Court of Appeals for the Fifth Circuit
United States v. Marvin Castro, 38 F.3d 759 (5th Cir. 1994)
1994 U.S. App. LEXIS 31569; 1994 WL 623009

United States v. Marvin Castro

Opinion

FRANK A. KAUFMAN, District Judge:

The petition for panel rehearing filed by the government on August 24, 1994, is hereby denied. As indicated at 26 F.3d 557, 559 n. 5, this Court has determined that the cause and prejudice requirement is applicable to coram nobis. Insofar as the government’s requests to clarify the facts concerning Mr. Castro’s marriage and the birth of the child are concerned, this Court takes no position at this time with regard to the weight, if any, to be assigned to such evidence, and leaves it to the district court, upon remand, appropriately to consider the same.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Marvin CASTRO, Defendant-Appellant
Status
Published