MUSCOLINO

v.

UNITED STATES

Citator

Cited By (18 total)

• United States v. Lenin Juarez and Oscar Juarez, 573 F.2d 267 (5th Cir. 1978)
  …ording to Juarez, Gerhardt feared he would lose if he did not agree to the taping. For a party’s consent to be valid under 18 U.S.C. § 2511(2)(c), it must be voluntary and uncoerced. United States v. Osser, 3 Cir., 483 F. 2d 727, 730, cert. denied, 414 U.S. 1028, 94 S.Ct. 457, 38 L.Ed.2d 321 (1973). We find that Gerhardt’s consent meets these standards. It is true the Government has not yet chosen to prosecute Gerhardt, and in soliciting his assistance Agent Hernandez promised to make known his cooperation…
• United States v. Moschiano, 695 F.2d 236 (7th Cir. 1982)
  …, 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966); United States v. Hinton, 543 F. 2d 1002, 1014-15 (2d Cir.), cert. denied, 429 U.S. 980, 97 S.Ct. 493, 50 L.Ed.2d 589 (1976); United States v. Osser, 483 F. 2d 727, 730-34 (3rd Cir.), cert. denied, 414 U.S. 1028, 94 S.Ct. 457, 38 L.Ed.2d 321 (1973); United States v. Missler, 414 F. 2d 1293, 1302-03 (4th Cir.1969), cert. denied, 397 U.S. 913, 90 S.Ct. 912, 25 L.Ed.2d 93 (1970). The case before us poses a somewhat different question. Moschiano’s post-indict…
• United States v. Moskow, 588 F.2d 882 (3d Cir. 1978)
  …n hearing that he wanted “to cleanse any doubt of my truthfulness as far as what I was saying.” Transcript of Hearing at 94. As in the situation confronting the witness Freedman in United States v. Osser, 483 F. 2d 727 (3d Cir. 1973), cert. denied, 414 U.S. 1028, 94 S.Ct. 457, 38 L.Ed.2d 221 (1973), there were no threats or coercion, nor did Wadley express the belief that he “had to cooperate” as did the witness in United States v. Laughlin, 222 F.Supp. 264, 266 (D.D.C.1963). Obviously, Wadley did expect co…