FLESHMAN

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By

• United States v. McKNIGHT, 953 F.2d 898 (5th Cir. 1992)
  …we examine the merits of each constructive possession case independently; previous cases serve as illustration only.” United States v. Onick, 889 F. 2d 1425, 1429 (5th Cir.1989) (citing Bujol v. Cain, 713 F. 2d 112, 115 (5th Cir.1983), cert. denied, 464 U.S. 1049, 104 S.Ct. 726, 79 L.Ed.2d 187 (1984)). In this case, five of the guns were strewn about the house in plain view. It is easy to conclude that even if none of the weapons belonged to McKnight, he had immediate access to them. A loaded handgun was fo…
• Cyrillia Young v. Guste, 849 F.2d 970 (5th Cir. 1988)
  …ctive possession, the State law required that the [*973] proof show that the defendant exercised dominion and control over the drugs and must establish the defendant’s guilty knowledge. Bujol v. Cain, 713 F. 2d 112, 115 (5th Cir.1983), cert. denied, 464 U.S. 1049, 104 S.Ct. 726, 79 L.Ed.2d 187 (1984); Walker, supra, 514 So. 2d at 604. Establishing dominion and control requires proof such as the defendant’s recent use of the drugs, his ownership of the premises where the drugs are found or his frequent or con…
• Driggins v. Heckler, 788 F.2d 494 (8th Cir. 1986)
  …a parent to a child. See 42 U.S.C. § 1382c(f)(2). The Secretary has a “deliberate grant of broad discretion * * to determine when circumstances are inequitable.” Fleshman ex rel. Fleshman v. Heckler, 709 F. 2d 999, 1003 (5th Cir.1983), cert. denied, 464 U.S. 1049, 104 S.Ct. 727, 79 L.Ed.2d 188 (1984). The Secretary’s reliance on the deeming regulations is valid, and an individualized determination of “inequitable under the circumstances” is not required. See id. at 1004; Faidley v. Harris, 656 F. 2d 582, 584…