United States v. Alvarez-Moreno, No. 10-10045 (9th Cir. 2011)
Annotate this CaseThis case stemmed from an indictment charging defendant with two counts of transporting an illegal alien for profit. At issue was whether a district court could, in the absence of a motion for a new trial by the defendant, order a new trial for a defendant who was tried before the judge but never properly waived his constitutional right to a jury trial. The court held that, insofar as the district court's order for a new trial was premised on the post-verdict declaration of a mistrial, it was error. The court also held that the district court erred in converting defendant's motion, over his objection, into a Rule 33 motion for a new trial. Therefore, the court vacated the district court's December 11, 2009 order that set aside the conviction and ordered a new trial under Rule 33, as well as its January 26, 2010 order that also justified the new trial by declaring the first proceeding a mistrial under Rule 26.3. The court remanded with instructions to deny defendant's "Motion to Set Aside Verdict by Trial Court," which cited no rule or authority and was procedurally improper.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.