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764 F.2d 1073·
5th Cir.·
1985-06-25
·cited 28×
The court held that the district court erred in denying the defendant's request for an entrapment jury instruction, as the evidence presented could have raised a reasonable doubt in the minds of the jurors regarding the origin of the criminal intent.
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758 F.2d 774·
1st Cir.·
1985-03-29
·cited 28×
The court held that the evidence was sufficient to support a jury finding that the appellant was guilty of possession with intent to distribute cocaine, at least as an aider and abetter.
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736 F.2d 1480·
11th Cir.·
1984-07-24
·cited 28×
The court held that the evidence was sufficient to support convictions for conspiracy and possession with intent to distribute methaqualone, the warrantless search of the vessel was permissible under the Fourth Amendment due to probable cause and exigent circumstances, and a witn
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732 F.2d 1280·
6th Cir.·
1984-04-26
·cited 28×
The court affirmed Elkins' convictions on all counts and Dichtel's conviction as an accessory after the fact, but reversed Dichtel's convictions for distribution and aiding and abetting due to insufficient evidence.
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730 F.2d 627·
11th Cir.·
1984-04-20
·cited 28×
The court held that the evidence was sufficient to sustain the convictions of appellants for causing a financial institution to fail to file Currency Transaction Reports and for conspiring to defraud the United States.
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727 F.2d 214·
2d Cir.·
1984-01-26
·cited 28×
A defendant can be convicted of aiding and abetting a crime even if not explicitly charged in the indictment, provided the government gives notice and evidence supports the theory. Similar act evidence was properly admitted for intent and plan, and any error in admitting extrinsi
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714 F.2d 785·
8th Cir.·
1983-08-10
·cited 28×
The court affirmed the convictions, holding that the trial court did not abuse its discretion in limiting cross-examination, admitting edited evidence, denying severance motions, refusing a lesser included offense instruction, or finding sufficient evidence for conviction.
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708 F.2d 1540·
10th Cir.·
1983-05-27
·cited 28×
The court held that the defendant's confession, obtained after he invoked his right to counsel, was inadmissible, and the admission of the gun, while potentially admissible on other grounds, did not cure the error requiring a new trial.
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736 F.2d 565·
10th Cir.·
1983-02-22
·cited 28×
The court held that the admission of out-of-court statements by a deceased accountant was proper under the Federal Rules of Evidence, but reversed the conviction due to prosecutorial misconduct during closing arguments.
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699 F.2d 198·
5th Cir.·
1983-02-07
·cited 28×
The court held that the district court clearly erred in finding the plea bargain did not include a promise of parole eligibility, reversing the denial of habeas corpus relief.
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685 F.2d 903·
4th Cir.·
1982-08-12
·cited 28×
The court held that the vote-buying statute applies to elections where federal and state offices are contested, and that the evidence was sufficient to support the convictions for conspiracy, vote buying, and obstruction of justice.
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664 F.2d 257·
11th Cir.·
1981-12-18
·cited 28×
The court held that the indictment was not fatally defective, the judge's remarks were harmless error, and the evidence was sufficient to support the conviction.
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662 F.2d 1378·
11th Cir.·
1981-12-07
·cited 28×
The court held that the district court erred in denying the defendants' motion for a change of venue, as the court's policy of holding all criminal trials in Birmingham, without specific findings regarding the convenience of the defendants and witnesses, violated Rule 18 of the F
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652 F.2d 735·
8th Cir.·
1981-06-23
·cited 28×
The court held that the trial court did not err in its jury instructions, admission of evidence, or limitations on cross-examination, and that the indictment provided sufficient notice of the charges.
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649 F.2d 599·
8th Cir.·
1981-05-21
·cited 28×
The court held that the evidence was sufficient to sustain the jury's verdicts, the prosecutor's closing argument did not deprive the defendant of a fair trial, and the district court did not err in finding no implied promise in the plea agreement.
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644 F.2d 85·
2d Cir.·
1981-03-10
·cited 28×
The court held that the evidence was insufficient to prove Guiliano's knowledge of the bankruptcy trustee's appointment for Count 4, thus reversing that conviction and undermining the RICO conviction. However, the evidence for Count 3 was marginally sufficient, but a retrial was
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633 F.2d 1184·
5th Cir.·
1981-01-09
·cited 28×
The court held that the trial judge's conduct did not deprive the defendant of a fair trial and that the jury instructions were adequate.
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620 F.2d 1026·
4th Cir.·
1980-04-21
·cited 28×
The court held that the admission of Exhibit 128 and the refusal to allow further cross-examination of a key witness regarding it constituted a denial of due process, requiring reversal of the Hawthornes' convictions. Other convictions were affirmed.
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607 F.2d 300·
9th Cir.·
1979-10-29
·cited 28×
The court held that an offer of amnesty induced by duress is voidable and does not prevent prosecution, and that pre-indictment delay requires a showing of actual prejudice to warrant dismissal.
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597 F.2d 609·
7th Cir.·
1979-05-03
·cited 28×
The court held that the district court did not err in refusing to give a stock instruction on specific intent or a "two-conclusion" instruction on reasonable doubt, as the given instructions adequately conveyed the required mental state.
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596 F.2d 356·
9th Cir.·
1979-05-02
·cited 28×
The court held that the warrantless arrest and search incident to arrest were lawful, and the evidence was sufficient to sustain Markovich's conviction for possession with intent to distribute.
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588 F.2d 1030·
5th Cir.·
1979-02-02
·cited 28×
The court held that the wiretap evidence was admissible, the federal gambling statute was not violated by a miscited state statute, and the evidence was sufficient to convict the defendants.
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588 F.2d 746·
9th Cir.·
1978-12-28
·cited 28×
The court held that the trial judge's participation, handling of publicity, jury sequestration, and denial of jury interviews or a new trial did not constitute reversible error, affirming the conviction.
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557 F.2d 628·
8th Cir.·
1977-06-15
·cited 28×
The court held that the arrest of Keller was not supported by probable cause, requiring suppression of evidence and a new trial.
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533 F.2d 1329·
2d Cir.·
1976-03-25
·cited 28×
The court held that the convictions of certain defendants as aiders and abettors of securities fraud should be reversed because there was insufficient evidence that they knew of the specific fraudulent transactions they were convicted of aiding and abetting.
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527 F.2d 906·
3d Cir.·
1975-12-18
·cited 28×
The prosecution's failure to disclose letters from the U.S. Attorney to third parties concerning a key government witness constituted a Brady violation, requiring a new trial on the counts where that witness's testimony was essential. Convictions on other counts are affirmed.
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512 F.2d 458·
6th Cir.·
1975-03-05
·cited 28×
The court held that the evidence was sufficient to support a conviction for a single conspiracy and that the trial court did not abuse its discretion in denying severance motions. Specific claims of variance and insufficient evidence for interstate transportation were also reject
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509 F.2d 1089·
7th Cir.·
1975-01-29
·cited 28×
The court held that the defendants' arguments regarding variance between the indictment and proof, and insufficiency of evidence, were without merit, affirming their convictions.
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476 F.2d 1196·
7th Cir.·
1973-03-08
·cited 28×
The court held that knowledge of the interstate nature of the transportation of forged securities is not an essential element of the conspiracy offense under 18 U.S.C. § 371, and that the jury instructions regarding accomplices were harmless error.
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460 F.2d 243·
10th Cir.·
1972-05-11
·cited 28×
The court held that Watson's conviction must be reversed due to insufficient evidence, while Mallory's conviction is affirmed based on sufficient evidence of her possession and knowledge.
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458 F.2d 217·
10th Cir.·
1972-04-03
·cited 28×
The court held that the officers had probable cause to arrest the defendant based on the collective knowledge of the police and that the denial of the severance motion was not an abuse of discretion.
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451 F.2d 1203·
2d Cir.·
1971-11-29
·cited 28×
The court held that Sands's conviction for federal narcotics offenses must be set aside due to insufficient proof of knowledge of importation and possession.
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445 F.2d 13·
2d Cir.·
1971-06-18
·cited 28×
The court held that the evidence was sufficient to support the jury's verdict on the conspiracy count and that the submission of unproven overt acts was harmless error. The court also found no constitutional deprivation regarding the identification of the defendant by voice and t
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439 F.2d 852·
2d Cir.·
1971-03-22
·cited 28×
The court held that the evidence was sufficient to support the convictions and that the trial court did not err in its rulings.
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433 F.2d 1·
5th Cir.·
1970-10-15
·cited 28×
The court held that the district court's ex parte communication with the jury was harmless error because the defendant received concurrent sentences and was found guilty on another count.
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424 F.2d 39·
10th Cir.·
1970-04-15
·cited 28×
The court held that the evidence was sufficient to sustain the convictions for drug delivery, and that procedural errors did not warrant reversal.
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414 F.2d 211·
9th Cir.·
1969-07-09
·cited 28×
The court affirmed the SEC's order barring petitioners from association with securities brokers or dealers, finding sufficient evidence of violations of anti-fraud and registration provisions of securities laws.
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409 F.2d 77·
4th Cir.·
1969-04-08
·cited 28×
The court held that the district court did not err in denying pretrial discovery motions, motions to sequester witnesses, motions for severance, or motions for acquittal, and that the evidence was sufficient to sustain the convictions.
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409 F.2d 522·
9th Cir.·
1969-03-25
·cited 28×
An indictment is not void if based solely on hearsay testimony presented to the Grand Jury, and Grand Jury proceedings are not required to be recorded.
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405 F.2d 102·
8th Cir.·
1968-12-31
·cited 28×
The court held that the defendants' convictions were not subject to reversal due to issues of joinder, jury instructions, statutory interpretation, delay in arrest, or sufficiency of evidence, affirming the judgments.
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390 F.2d 547·
9th Cir.·
1968-02-06
·cited 28×
The court held that the evidence was sufficient to sustain the convictions and that the trial court did not err in its evidentiary rulings or in denying motions for acquittal.
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379 F.2d 791·
5th Cir.·
1967-06-30
·cited 28×
The court held that the evidence was insufficient to prove that Grimes aided and abetted the interstate travel or transportation charges, but affirmed his conviction for conspiracy.
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381 F.2d 125·
9th Cir.·
1967-06-30
·cited 28×
The court held that the circumstantial evidence, including the appellants' suspicious behavior, contradictory statements, and association with co-conspirators, was sufficient to sustain their convictions for conspiracy and smuggling marijuana. The court also held that the appella
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363 F.2d 33·
9th Cir.·
1966-06-14
·cited 28×
The court held that the evidence was legally insufficient to sustain the conviction because mere presence and knowledge are not enough to establish aiding and abetting.
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356 F.2d 39·
5th Cir.·
1966-02-01
·cited 28×
The court held that the jury instructions were insufficient because they failed to adequately explain the elements of aiding and abetting, specifically the requirement of criminal intent and active participation.
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315 F.2d 120·
9th Cir.·
1963-02-28
·cited 28×
The court held that evidence of a co-defendant's acquittal was inadmissible to bolster his credibility before an attack, and that minor discrepancies in a government witness's testimony did not constitute perjury.
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313 F.2d 425·
9th Cir.·
1963-02-04
·cited 28×
The court held that the evidence was insufficient to sustain the conspiracy conviction for Twitchell, Conklin, and the Rogers, as the proven conspiracy was primarily a state offense. However, the substantive Mann Act convictions for Mrs. Rogers and Mr. Rogers were affirmed.
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271 F.2d 880·
6th Cir.·
1959-11-25
·cited 28×
The court held that the evidence was insufficient to support the conviction, as the defendant's mere presence and association prior to the crime, without more, did not establish aiding and abetting.
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271 F.2d 58·
9th Cir.·
1959-03-09
·cited 28×
The court held that the trial court's refusal to permit defense counsel to inspect notes used by a government witness to refresh his recollection constituted reversible error under the Jencks rule, as the notes' materiality and potential for impeachment could not be assessed with
-
204 F.2d 717·
7th Cir.·
1953-05-22
·cited 28×
The court held that the prosecutor's remarks during closing arguments were not improper or prejudicial, and did not warrant a new trial.