MAYERCHECK

v.

SUPREME COURT OF PENNSYLVANIA, WESTERN DISTRICT, ET AL.

Citator

Cited By

• United States v. Dailey, 24 F.3d 1323 (11th Cir. 1994)
  …ce under the Guidelines, departure on this basis was not improper. The government argues, however, that the victim’s conduct was insufficient to “provoke” Dailey’s offense, citing United States v. Bigelow, 914 F. 2d 966 (7th Cir.1990), cert. denied, 498 U.S. 1121, 111 S.Ct. 1077, 112 L.Ed.2d 1182 (1991). In Bigelow, the Seventh Circuit found the victim’s unpleasant voice and demeanor insufficient to justify extortion. Id. at 975. In that case the victim had incurred legitimate debts, but refused to repay…
• United States v. Smith, 995 F.2d 662 (7th Cir. 1993)
  …ts discretion. Caliendo, 910 F. 2d at 433-34. “In addition, we do not review instructions in lonely isolation, but rather in the context of the trial as an integrated whole.” United States v. Bigelow, 914 F. 2d 966, 970 (7th Cir.1990), cert. denied, 498 U.S. 1121, 111 S.Ct. 1077, 112 L.Ed.2d 1182 (1991). The trial court instructed the jury as follows: Actual knowledge and deliberate avoidance of knowledge are the same thing. Thus, you may infer knowledge from a combination of suspicion and indifference to…