United States Ninth Circuit

A conviction under 8 U.S.C. section 1253(b) for willful failure to comply with a term of release under supervision -- which required that he not -commit any crimes- -- is reversed where defendant's misdemeanor nolo contendere convictions were legally insufficient to support his conviction under section 1253(b), and moreover, the convictions should not have been admitted under Rules 410, 803(22), or 803(8) for the purpose of proving that he actually committed the underlying crimes charged.

Appellate Information

• Argued 05/01/2006
• Decided 10/18/2006
• Published 10/18/2006

Judges

• CLIFTON, Circuit Judge:, Before: REINHARDT, McKEOWN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin F. McCoy, United States Assistant Federal Defender, Anchorage, AK, for the appellant.


• For Appellees:
  
• Deborah M. Smith, Acting United States Attorney;  Todd Mikolop, Special Assistant United States Attorney;  Thomas C. Bradley (argued), Assistant United States Attorney, Anchorage, AK, for the appellee.