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United States v. Corbin

Citation: 73 F. App'x 196Docket: No. 02-10319; D.C. No. CR-01-00123-MJJ

Court: Court of Appeals for the Ninth Circuit; June 27, 2003; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by a defendant convicted under 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm, resulting in a 24-month sentence. The defendant entered a conditional guilty plea while reserving the right to appeal specific legal issues. He argued that the district court erred by not disclosing certain law enforcement personnel records that could demonstrate the arresting officer's dishonesty and racial bias, as required by U.S. v. Henthorn. Additionally, the defendant claimed that his Sixth Amendment rights were violated due to limitations on presenting a defense and confronting witnesses, particularly through the exclusion of extrinsic evidence regarding the officer's bias. The court rejected these claims, finding no abuse of discretion and determining that the excluded evidence was unsubstantial. Furthermore, the defendant contended that he was denied the right to allocute before sentencing; however, this claim was waived under the terms of his plea agreement, which restricted appeals unless the sentence exceeded the Guidelines range. The appellate court affirmed the conviction and sentence and noted the decision's non-publishable status under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Disclosure of Law Enforcement Personnel Records

Application: The court determined there was no error in the nondisclosure of federal law enforcement personnel records as only one sealed document with allegations against the arresting officer was released to the defendant.

Reasoning: The court found no abuse of discretion regarding these claims. It determined that Corbin's assertion about the nondisclosure of sealed reports was unfounded since only one sealed document contained allegations against the arresting officer and was released to him.

Publication and Citation of Judicial Dispositions

Application: The court's decision is not eligible for publication or citation under the rules of the Ninth Circuit, reflecting its status as a non-precedential decision.

Reasoning: The court affirmed the conviction and sentence, noting that the disposition is not suitable for publication or citation under Ninth Circuit Rule 36-3.

Right to Allocution

Application: The court found that the defendant's claim regarding his right to allocute was waived due to the plea agreement which restricted appeals on the sentence within the Guidelines range.

Reasoning: Corbin also claimed he was not allowed to allocute before sentencing. However, this claim was deemed waived due to his plea agreement stipulating no appeal on the sentence unless it exceeded the Guidelines range.

Right to Present a Defense and Confront Witnesses

Application: The court held that limiting the defendant's ability to present extrinsic evidence of the officer's bias did not infringe upon his Sixth Amendment rights, as the excluded testimony lacked substantive basis.

Reasoning: The court established that it did not err in excluding the extrinsic evidence, as the proffered testimony from another individual lacked a substantive basis beyond personal opinion, which did not sufficiently demonstrate the officer's bias.