CLINE

v.

SEABOLD, WARDEN

Citator

Cited By

• United States v. Rubio-Villareal, 967 F.2d 294 (9th Cir. 1992)
  …mitted). In the context of inferential jury instructions, we should be particularly cautious, because district courts have great discretion in wording jury instructions, see United States v. Lopez, 885 F. 2d 1428, 1434 (9th Cir.1989), cert, denied, 493 U.S. 1032 (1990), and the Supreme Court has recognized the value of inference instructions, see Ulster County Court v. Allen, 442 U.S. 140, 156, 99 S.Ct. 2213, 2224, 60 L.Ed.2d 777 (1979) (“Inferences and presumptions are a staple of our adversary system of f…
• United States v. Watson, 952 F.2d 982 (8th Cir. 1991)
  …2d 1007, 1008 (11th Cir.1989) (holding two prior robberies were consolidated for trial even though they were committed eight days apart and indicted separately, since the adjudication of guilt for both offenses occurred at one trial), cert. denied, 493 U.S. 1032, 110 S.Ct. 747, 107 L.Ed.2d 764 (1990).4 That Tracy was convicted in two separate proceedings and was sentenced in two separate proceedings by different courts having separate jurisdictions is enough, standing alone, to support the District Court’s…
• United States v. Askew, 958 F.2d 806 (8th Cir. 1992)
  …conspiracies that begin before and terminate after Nov. 1, 1987, a defendant may avoid a guidelines sentence by proving that he withdrew from the conspiracy prior to that date. United States v. Lee, 886 F. 2d 998, 1003 (8th Cir.1989), cert. denied, 493 U.S. 1032, 110 S.Ct. 748, 107 L.Ed.2d 765 (1990). However, he must do more than show no conspiracy activity on his part after the cut-off date; he has the burden of showing that he affirmatively disavowed the conspiracy, “either [by] making a clean breast to…