Torres-Valencia v. United States, 464 U.S. 44 (1983)

Torres-Valencia v. United States

No. 82-6848

Decided November 7, 1983
464 U.S. 44

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Held: The Court of Appeals’ judgment is vacated, and the case is remanded, since both the Government’s concession in its brief opposing the petition for certiorari that the District Court erroneously refused to give petitioner’s character evidence instruction to the jury and its contention in this Court that the error was harmless should be presented to the Court of Appeals in the first instance.

Certiorari granted; vacated and remanded.