KEITH F. AND HARU S. FULLER, PETITIONERS-APPELLANTS,

v.

COMMISSIONER OF INTERNAL REVENUE, RESPONDENT-APPELLEE

Citator

Cited By (23 total)

• United States v. Browne, 505 F.3d 1229 (11th Cir. 2007)
  …which standard of review to apply in prosecu-torial vindictiveness cases] is perhaps more apparent than real, for even under an abuse of discretion standard, errors of law receive no deference.”). . Browne also cites to United States v. DiBernardo, 880 F. 2d 1216 (11th Cir.1989), which we find unavailing. In that case, the Government appealed the decision of the district court to grant defendants a new trial based on the view that the court had erred when it severed the trial of a co-defendant. Id. at 1222.…
• United States v. Novaton, 271 F.3d 968 (11th Cir. 2001)
  …a motion to sever where a co-defendant proffered an affidavit stating he would testify that he had acted alone with regard to much of the charged criminal activity, and that the defendants who were seeking severance had no knowledge of his actions. 880 F. 2d 1216, 1228 (11th Cir.1989). We noted that such evidence incriminated the affiant and was significant to the defense because it would have specifically rebutted a crucial element of the prosecution’s case. Id.; see also Cobb, 185 F. 3d at 1198-99 (findin…
• Carlisle v. United States, 517 U.S. 416 (U.S. 1996)
  …of Rule 29, district courts possessed the inherent power to acquit defendants sua sponte. See United States v. Hughes, 759 F. Supp. 530, 532-536 (WD Ark.), aff’d sub nom. United States v. Haren, 952 F. 2d 190 (CA8 1991); United States v. DiBernardo, 880 F. 2d 1216, 1225, n. 4 (CA11 1989); United States v. Coleman, 811 F. 2d 804 (CA3 1987); United States v. Giampa, 758 F. 2d 928, 936, n. 1 (CA3 1985); Arizona v. Manypenny, 672 F. 2d, at 765; Ansley v. United States, 135 F. 2d, at 208; see also United States v.…

Authorities Cited

• Hernandez v. Commissioner of Internal Revenue, 490 U.S. 680 (U.S. 1989)