Does a finding under Rule 32 require an evidentiary hearing?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rice, 937 F.2d 614 (9th Cir. 1991):

Nonetheless, the defendants contend that the district court expressly refused to make certain findings. However, when viewed in context of the entire record, the defendants' interpretation of the district court's statements carries little weight. The statements were not a shirking of duty, but a declaration that the district court would not hold an evidentiary hearing on the issues. Since Rule 32 does not require an evidentiary hearing for every controverted matter, see United States v. Monaco, 852 F.2d 1143, 1148 (9th Cir.1988), cert. denied, 488 U.S. 1040 (1989), this was not error. The district court's findings and determinations satisfied the requirements of Rule 32.

Other Questions


What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What is the test for determining whether a hearing is required under a statute which does not require a hearing? ("New York", United States of America)
What standard of review is required for a motion for an evidentiary hearing? (MultiRegion, United States of America)
Does a violation of Rule 41 require an evidentiary hearing? (MultiRegion, United States of America)
In reviewing the denial of a motion to suppress following an evidentiary hearing, will the finding be erroneous? (MultiRegion, United States of America)
Is a defendant required to sign an evidentiary hearing on the issue of probable cause to arrest? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
What are the findings of an evidentiary hearing in the absence of a jury? (MultiRegion, United States of America)
What is required for an evidentiary hearing in a motion for personal injury relief? (MultiRegion, United States of America)
What is the effect of a federal district court order requiring the Secretary of State to produce an evidentiary-type hearing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.