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  • United States v. Mark Williams, 7 F.3d 228, 4th Cir. (1993)

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    The Supreme Court vacated Mark Williams' conviction that was affirmed by the Fourth Circuit Court of Appeals and remanded the case back to the Fourth Circuit for reconsideration in light of a recent Supreme Court decision. The Fourth Circuit then vacated Williams' conviction and remanded the case to the district court for a new trial, as the Supreme Court had recently held in another case that conducting a trial without the defendant present at the beginning is prohibited.

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    Filed: 1993-10-12 Precedential Status: Non-Precedential Citations: 7 F.3d 228 Docket: 92-5225

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    The Supreme Court vacated Mark Williams' conviction that was affirmed by the Fourth Circuit Court of Appeals and remanded the case back to the Fourth Circuit for reconsideration in light of a recent Supreme Court decision. The Fourth Circuit then vacated Williams' conviction and remanded the case to the district court for a new trial, as the Supreme Court had recently held in another case that conducting a trial without the defendant present at the beginning is prohibited.

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    4 views2 pages

    United States v. Mark Williams, 7 F.3d 228, 4th Cir. (1993)

    Uploaded by

    Scribd Government Docs
    The Supreme Court vacated Mark Williams' conviction that was affirmed by the Fourth Circuit Court of Appeals and remanded the case back to the Fourth Circuit for reconsideration in light of a recent Supreme Court decision. The Fourth Circuit then vacated Williams' conviction and remanded the case to the district court for a new trial, as the Supreme Court had recently held in another case that conducting a trial without the defendant present at the beginning is prohibited.

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    of 2

    7 F.

    3d 228

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Mark WILLIAMS, Defendant-Appellant.
    No. 92-5225.

    United States Court of Appeals,


    Fourth Circuit.
    Oct. 12, 1993.

    Patricia Ann Barton, Alexandria, Virginia, for Appellant.


    Richard Cullen, United States Attorney, Robert A. Spencer, Special
    Assistant United States Attorney, Alexandria, Virginia, for Appellee.
    S.Ct.
    VACATED AND REMANDED.
    Before WILKINS, NIEMEYER, and WILLIAMS, Circuit Judges.
    PER CURIAM.

    1OPINION.
    2

    The Supreme Court granted certiorari in this case, vacated our earlier decision
    affirming Mark Williams' conviction, and remanded for reconsideration in light
    of Crosby v. United States, 61 U.S.L.W. 4078 (U.S. 1993), In Crosby, the Court
    held that Fed. R. Crim. P. 43 prohibits the trial in absentia of a defendant who
    is not present at the beginning of his trial. Id. at 4080. Like Crosby, Williams
    was not present at the beginning of his trial. Therefore, a new trial is warranted.

    We accordingly vacate Williams' conviction and remand to the district court for
    a new trial. As the dispositive issue recently has been authoritatively decided,
    we dispense with oral argument.
    VACATED AND REMANDED

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