Is a probation officer's refusal to interview a defendant in the presence of his lawyer a violation of the Sixth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sims, 963 F.2d 381 (9th Cir. 1992):
1. Sims first contends that he was denied his right to counsel under the Sixth Amendment when the probation officer would not interview him in the presence of his lawyer. Since sentence was imposed in this case prior to this court's decision in United States v. Herrera-Figueroa, 918 F.2d 1430 (1990), it is not subject to the procedural rule announced in that case.
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