ALVAREZ-FRANCO

v.

UNITED STATES

Citator

Cited By

• United States v. Mallah, 503 F.2d 971 (2d Cir. 1974)
  …Ed.2d 468 (1971). To establish a violation of the Fifth Amendment right to due process, appellant must “at least show that [he] suffered actual prejudice in preparing a defense.” United States v. Iannelli, 461 F. 2d 483, 485 (2d Cir.), cert. denied, 409 U.S. 980, 93 S.Ct. 310, 34 L.Ed.2d 243 (1972). Pacelli claims that the delay in bringing the charges made it impossible for him to counter Lipsky’s testimony with alibi witnesses. This claim is too speculative and the evidence against appellant too weighty f…
• United States v. Finkelstein, 526 F.2d 517 (2d Cir. 1975)
  …478 (1971) . . See also, United States v. Ferrara, 458 F. 2d 868 (2d Cir.), cert. denied, 408 U.S. 931, 92 S.Ct. 2498, 33 L.Ed.2d 343 (1972) (cited in Brown, supra); and United States v. Iannelli, 461 F. 2d 483, at 485 n. 2 (2d Cir.), cert. denied, 409 U.S. 980, 93 S.Ct. 310, 34 L.Ed.2d 243 (1972) where neither factor was established. . This Cohen case also established that conspiracy to defraud through use of the mails is distinct from the substantive offense of devising a scheme or artifice to defraud.…
• United States v. ONE Clipper BOW Ketch Nisku, 548 F.2d 8 (1st Cir. 1977)
  …ustify the remission” of the forfeiture, 19 U.S.C. § 1618; 28 C.F.R. § 9—and we must assume that this was intended to be the sole mechanism for affording leniency. Cf. United States v. One 1970 Buick Riviera, 463 F. 2d 1168 (5th Cir.), cert. denied, 409 U.S. 980, 93 S.Ct. 314, 34 L.Ed.2d 244 (1972) (Attorney General’s decision under 19 U.S.C. § 1618 is not reviewable). Affirmed. . The return of the warrant indicates that 1.5 grams of cocaine and small quantities of other drugs were also found on board. Th…