LOWERY

v.

UNITED STATES

Citator

Cited By (20 total)

• United States v. LeQUIRE, 943 F.2d 1554 (11th Cir. 1991)
  …al prejudice or intentional delay for tactical advantage in this case. A stringent standard is employed when examining the issue of prejudice. Stoner, 751 F. 2d at 1544 (citing Tiemens v. United States, 724 F. 2d 928, 929 (11th Cir.), cert. denied, 469 U.S. 837, 105 S.Ct. 134, 83 L.Ed.2d 74 (1984)). “The prejudice shown must be such as to impair the fairness of the trial.” United States v. Solomon, 686 F. 2d 863, 872 (11th Cir.1982). In examining LeQuire’s claim and the record itself, we can find no subs…
• The United States v. Hilmer Burdette Sandini, 816 F.2d 869 (3d Cir. 1987)
  …seek a form of enhanced penalty. Notice of that proposed action, however, reflects an aspect of due process unrelated to the necessity of proving each element of the offense. See United States v. Raimondo, 721 F. 2d 476 (4th Cir.1983), cert. denied, 469 U.S. 837, 105 S.Ct. 133, 83 L.Ed.2d 74 (1984). In other settings, statutes permitting enhanced penalties have established the prosecution’s burden of proof as a preponderance of the evidence. See 18 U.S.C. § 3575 (increased sentence for dangerous special of…
• United States v. Levario, 877 F.2d 1483 (10th Cir. 1989)
  …inez, 725 F. 2d 471, 475 (9th Cir.) (to constitute a violation of 21 U.S.C. § 841(a) it is only necessary to prove defendant knew he possessed a controlled substance even though he may be mistaken as to the specific type of substance), cert. denied, 469 U.S. 837, 105 S.Ct. 134, 83 L.Ed.2d 74 (1984). Moreover, it is permissible to infer that the driver of a vehicle has [*1486] knowledge of the contraband within it. United States v. Laughman, 618 F. 2d 1067, 1076 (4th Cir.), cert. denied, 447 U.S. 925, 100 S.…