POLING ET AL.

v.

CALDWELL ET AL.

Citator

Cited By

• Williams v. United States, 503 U.S. 193 (U.S. 1992)
  …ee L. Rev., at 433; see Pub. L. 99-646, §73, 100 Stat. 3617. Deeming an error “harmless” does not conform with the appellate court’s mandate. See United States v. Stephenson, 887 F. 2d 57, 62 (CA5 1989), cert. denied sub nom. Goff v. United States, 493 U. S. 1086 (1990). The unfortunate result of the majority’s contrary conclusion, based as it is on an unnatural reading of this statute, is that appellate review becomes a quite complicated exercise, one which will apparently involve shifting “burdens” in the…
• United States v. Royal, 972 F.2d 643 (5th Cir. 1992)
  …932 F. 2d 1529, 1534 (5th Cir.) (finding proof of prior drug activities more probative than prejudicial), cert denied, — U.S.-, 112 S.Ct. 270, 116 L.Ed.2d 223 (1991); United States v. Stephenson, 887 F. 2d 57, 59 (5th Cir.1989) (same), cert. denied, 493 U.S. 1086, 110 S.Ct. 1151, 107 L.Ed.2d 1054 (1990). E. The remaining evidentiary point of error merits only the briefest discussion. Royal complains of the admission of evidence that his attorney made a false representation to the court.7 He argues that thi…
• United States v. Johnson, 961 F.2d 1188 (5th Cir. 1992)
  …me of our pre-Williams opinions indicating that incorrect application of the sentencing guidelines will always require a remand and cannot be regarded as harmless error. See United States v. Stephenson, 887 F. 2d 57, 62 (5th Cir.1989), cert. denied, 493 U.S. 1086, 110 S.Ct. 1151, 107 L.Ed.2d 1054 (1990). We conclude that such an approach has been superseded by Williams, and we henceforth follow the Williams analytical framework in this respect. . As reflected in the PSR and at sentencing, Johnson on April 1…