U.S. Court of Appeals for the Ninth Circuit, 1976

United States v. Audett

U.S. Court of Appeals for the Ninth Circuit · Decided January 26, 1976 · Chambers, Kennedy, Wong

529 F.2d 569 (Federal Reporter, Second Series)

Counsel

Glenn A. Stanberry, Jr., of Davidson & Davidson, Foster City, Cal., for defendant-appellant., Harry J. McCarthy, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Sandoval-Gonzalez (9th Cir. 2011)
The United States v. James Henry Audett (9th Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORDER OF AFFIRMANCE

Before CHAMBERS and KENNEDY, Circuit Judges, and WONG,* District Judge.

The court properly instructed the jury on the government’s burden of proof. It also properly instructed the jury on appellant’s alibi, stating that if there were reasonable doubt whether appellant was present at the time and place of the alleged offense, the jury must acquit him. These instructions completely covered appellant’s theory and we find no error in the district court’s refusal to give the specific instruction that appellant requested. United States v. Noah, 475 F.2d 688, 697 (9th Cir. 1973). Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.