What is the test for correcting errors in a Rule 10(e) settlement?
MultiRegion, United States of America
The following excerpt is from U.S. v. Garcia, 997 F.2d 1273 (9th Cir. 1993):
When the district court under Rule 10(e) settles a dispute about what occurred in proceedings before it, "the court's determination is conclusive 'absent a showing of intentional falsification or plain unreasonableness.' " United States v. Serrano, 870 F.2d 1, 12 (1st Cir.1989) (quoting United States v. Mori, 444 F.2d 240, 246 (5th Cir.) (approving corrections offered after the appellant had filed an opening brief), cert. denied, 404 U.S. 913, 92 S.Ct. 238, 30 L.Ed.2d 187 (1971)).
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