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887 F.2d 988·
9th Cir.·
1989-10-23
·cited 25×
The court held that the trial court did not commit plain error by failing to give a specific unanimity instruction on the objects of the conspiracy, and that there was sufficient evidence to support the convictions. The court also found no abuse of discretion in denying severance
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880 F.2d 967·
7th Cir.·
1989-07-27
·cited 25×
The court held that the arresting officers were protected by qualified immunity and the game warden did not act under color of state law, thus affirming the grant of summary judgment.
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866 F.2d 402·
11th Cir.·
1989-02-23
·cited 25×
The court affirmed the convictions of Long and Kasch, finding that Long's consent to search and pre-arrest statements were voluntary, and that venue was proper for Kasch's possession charge under an aiding and abetting theory.
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857 F.2d 646·
9th Cir.·
1988-09-19
·cited 25×
The court held that subsequent payments on unconditional promissory notes did not constitute separate purchases of securities for purposes of Section 10(b) liability, but that the dismissal of an aiding and abetting claim against an accounting firm was premature.
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857 F.2d 529·
9th Cir.·
1988-09-08
·cited 25×
The court held that there was sufficient evidence to support the conviction for obstruction of justice and aiding/abetting contempt, and that no reversible judicial or prosecutorial misconduct occurred.
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774 F.2d 530·
1st Cir.·
1985-10-09
·cited 25×
The dissenting judge argues that the majority erred in finding plain error and in distinguishing between defendants regarding the harmlessness of the error.
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756 F.2d 949·
2d Cir.·
1985-03-06
·cited 25×
The court held that the indictment adequately alleged that the defendants conspired to violate the Bank Secrecy Act's reporting requirements, as they could be considered a financial institution engaged in the business of dealing in currency.
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749 F.2d 1541·
11th Cir.·
1985-01-10
·cited 25×
The court held that the evidence was insufficient to convict Evasio Garcia of conspiracy charges, reversing his conviction. The court affirmed the convictions of the other appellants, finding sufficient evidence and no reversible error regarding their other claims.
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739 F.2d 936·
3d Cir.·
1984-07-24
·cited 25×
The court held that the district court properly denied the motion to suppress evidence seized from the defendant's car, as probable cause justified the warrantless search, and that the evidence was sufficient to support a conviction for possession of a firearm during the commissi
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730 F.2d 1180·
8th Cir.·
1984-03-29
·cited 25×
The court held that the evidence seized from the vehicle was admissible, the prosecutor's closing argument was not improper, and the evidence linking the defendant to the getaway car was admissible under the inevitable discovery exception.
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204 So. 2d 359·
Fla. 4th DCA·
1967-11-14
·cited 25×
The court held that the prosecutor's remarks were proper argument and not a comment on the defendants' silence, and that the evidence was sufficient to sustain a conviction for third-degree murder.
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281 F.2d 354·
2d Cir.·
1960-05-20
·cited 25×
-
231 So. 3d 517·
Fla. 3d DCA·
2017-06-28
·cited 24×
MP, LLC appealed the dismissal of its complaint against TD Bank and other defendants, claiming TD conspired with Sterling Holding's majority members to cross-collateralize MP's solvent property with non-performing loans while fraudulently omitting MP's ownership interests. The Th
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960 F.2d 263·
1st Cir.·
1992-04-02
·cited 24×
The government's conduct at sentencing breached the plea agreement by failing to affirmatively recommend the agreed-upon sentence and by undermining that recommendation, requiring resentencing.
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936 F.2d 1508·
7th Cir.·
1991-07-19
·cited 24×
The court held that the trial court did not abuse its discretion in excluding an accomplice's statement, limiting cross-examination, or admitting palm print evidence, and that there was sufficient evidence to support the convictions.
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931 F.2d 148·
1st Cir.·
1991-04-26
·cited 24×
The court held that the district court erred by reconsidering a previously decided plea withdrawal issue due to the law of the case doctrine, but affirmed cumulative sentencing for CCE and aiding/abetting convictions, while vacating the conspiracy conviction due to double jeopard
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906 F.2d 1531·
11th Cir.·
1990-07-30
·cited 24×
The court held that the convictions of both defendants for possession of an unregistered destructive device were valid, but Crawford's sentence was erroneously imposed due to an incorrect application of the sentencing guidelines.
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905 F.2d 510·
1st Cir.·
1990-06-05
·cited 24×
The court held that the evidence was sufficient to support the jury's verdict of guilt for aiding and abetting possession with intent to distribute marihuana, and that the vessel was subject to United States jurisdiction as a stateless vessel.
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899 F.2d 995·
10th Cir.·
1990-03-30
·cited 24×
The court held that the appellant's detention and consent to search were lawful under the Fourth Amendment, affirming the denial of his motion to suppress.
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898 F.2d 1111·
6th Cir.·
1990-03-13
·cited 24×
The court held that the type of firearm and whether it was loaded are not grounds for sentencing departure under the applicable guideline, as these factors are either explicitly rejected or already accounted for.
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889 F.2d 301·
1st Cir.·
1989-11-01
·cited 24×
The court affirmed convictions for conspiracy and two counts of mail fraud, but reversed one count of mail fraud. It also expressed strong disapproval of the government's failure to provide target warnings to a grand jury witness.
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884 F.2d 1518·
1st Cir.·
1989-09-14
·cited 24×
The court affirmed the convictions and sentences of both appellants, finding no merit in their challenges regarding sentencing, evidentiary rulings, or sufficiency of evidence.
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876 F.2d 1121·
5th Cir.·
1989-06-22
·cited 24×
The court affirmed convictions for drug distribution and conspiracy, finding sufficient evidence, no Brady violation, no prejudicial closing arguments, and proper application of sentencing guidelines.
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871 F.2d 957·
11th Cir.·
1989-04-27
·cited 24×
The court held that the evidence was insufficient to support Rapp's convictions on certain counts, but that the trial court's error in responding to a jury communication without consulting counsel was harmless as to Bazarian and Renda.
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871 F.2d 1019·
11th Cir.·
1989-04-27
·cited 24×
The court held that the evidence was sufficient for a reasonable jury to find the defendant guilty of armed bank robbery, and thus the district court erred in granting a judgment of acquittal.
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868 F.2d 720·
5th Cir.·
1989-03-16
·cited 24×
The court held that the evidence was sufficient to support the conviction for possession with intent to distribute, but the defendant was denied his right to allocution and must be resentenced.
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846 F.2d 966·
5th Cir.·
1988-05-24
·cited 24×
The court affirmed the convictions, finding no reversible error in the jury instructions, admission of tape recordings, sufficiency of evidence, or supplemental jury instructions.
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846 F.2d 150·
2d Cir.·
1988-05-06
·cited 24×
The court held that the evidence was insufficient to support Reynolds' conviction for aiding and abetting the SCS wire fraud scheme, reversing that conviction. Other convictions were affirmed.
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844 F.2d 997·
2d Cir.·
1988-04-20
·cited 24×
The court held that the amended complaint failed to comply with Rule 9(b)'s heightened pleading standards for fraud, but that sanctions under Rule 11 were improperly awarded because the plaintiff had leave to replead and the amended complaint, while insufficient, was not patently
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843 F.2d 1062·
7th Cir.·
1988-04-11
·cited 24×
The court held that the district court abused its discretion by admitting certain prior bad acts evidence and photographs that were not properly linked to the charged crime or were unduly prejudicial, requiring reversal of the convictions.
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831 F.2d 717·
7th Cir.·
1987-09-21
·cited 24×
The court held that the evidence was sufficient to support the convictions for aiding and abetting misapplication of funds and interstate shipment of fraudulently obtained checks, and that the "ostrich" jury instruction, while not ideal, did not constitute reversible error.
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822 F.2d 205·
2d Cir.·
1987-06-04
·cited 24×
The court held that the defendant was not denied a fair trial by the mid-trial sentencing of a co-conspirator, nor were tape recordings improperly admitted or used.
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816 F.2d 37·
2d Cir.·
1987-04-01
·cited 24×
The court affirmed convictions, holding that evidence seized pursuant to warrants was admissible, and that the warrantless search of an abandoned footlocker was lawful.
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801 F.2d 839·
6th Cir.·
1986-09-23
·cited 24×
The court held that the evidence was sufficient to convict the defendant of copyright infringement and conspiracy, and that the district court did not err in denying his motions to dismiss or suppress evidence.
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790 F.2d 240·
2d Cir.·
1986-05-08
·cited 24×
The court affirmed all convictions, holding that wiretap warrants were properly issued, the government was not required to prove the specific isomer of cocaine involved before 1984, post-arrest statements were properly excluded, and consent to search was voluntary.
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787 F.2d 477·
10th Cir.·
1986-03-18
·cited 24×
The court held that the trial court did not err in admitting character evidence, hearsay testimony under the co-conspirator exception, expert testimony on an ultimate issue, or in its handling of a witness sequestration issue, and that prosecutorial and judicial misconduct claims
-
780 F.2d 1177·
5th Cir.·
1986-01-16
·cited 24×
The court held that the evidence was insufficient to support the conspiracy and possession convictions for Scott and Onick, reversing their convictions. The court affirmed the convictions for Tolliver, Perrett, and Galvan-Venegas, finding probable cause for their arrests.
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768 F.2d 64·
2d Cir.·
1985-07-22
·cited 24×
The court held that the evidence was sufficient to support the jury's verdict for distribution and possession with intent to distribute heroin, and that the jury instructions, despite potential ambiguity, did not constitute plain error.
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768 F.2d 343·
1st Cir.·
1985-07-22
·cited 24×
The court held that the evidence was sufficient to convict Lawrence of receiving a firearm, and that neither appellant received ineffective assistance of counsel or suffered reversible error from the admission of certain testimony or prosecutorial arguments.
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756 F.2d 217·
1st Cir.·
1985-03-12
·cited 24×
The court held that the evidence was sufficient to support the mail fraud and conspiracy convictions, but the restitution order lacked a sufficient factual foundation and must be vacated and remanded.
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756 F.2d 53·
8th Cir.·
1985-02-27
·cited 24×
The court held that the evidence was sufficient to support the jury's verdict that the appellant intentionally aided and abetted the interstate transportation of a falsely made, forged, and counterfeited security.
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738 F.2d 1529·
11th Cir.·
1984-07-30
·cited 24×
The court affirmed the district court's denial of the writ, finding no merit in the petitioner's claims regarding juror dismissal, the Enmund issue, Witherspoon issue, mitigating evidence, ineffective assistance of counsel, inflammatory evidence, or right to silence.
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719 F.2d 975·
9th Cir.·
1983-09-07
·cited 24×
The court affirmed the conviction, holding that the indictment was not unconstitutionally vague, the detention and search at the checkpoint were lawful, the denial of a motion to continue for new counsel was proper, prosecutorial misconduct did not prejudice the defendant, and th
-
710 F.2d 24·
2d Cir.·
1983-06-07
·cited 24×
The court affirmed the convictions of Angelito Maniego, Hector Galang, and Teodoro Monte for conspiracy and substantive immigration fraud offenses.
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703 F.2d 1273·
11th Cir.·
1983-04-25
·cited 24×
-
687 F.2d 832·
6th Cir.·
1982-08-31
·cited 24×
The court held that the defendant's actions in facilitating a drug transaction, including introducing the parties, arranging the meeting, and quoting prices, were sufficient to constitute aiding and abetting, even without a direct financial stake.
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664 F.2d 101·
5th Cir.·
1981-12-18
·cited 24×
The court held that tape recordings obtained with consent were admissible and that the admission of hearsay evidence regarding one defendant's reputation constituted harmless error. The court also affirmed the denial of a severance motion.
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644 F.2d 445·
5th Cir.·
1981-05-04
·cited 24×
The court held that the government could appeal the judgment of acquittal because reversal would only require reinstatement of guilty verdicts, not a new trial. It affirmed the acquittal on embezzlement charges but reversed the acquittal on false statement charges, remanding for
-
641 F.2d 1103·
3d Cir.·
1981-02-25
·cited 24×
The court held that prosecutorial misconduct claims were not properly before it, an invalid arrest warrant does not bar a conviction absent further harm, and the evidence was sufficient to convict Rios of second-degree murder. It also held that the district court should have ente
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620 F.2d 139·
6th Cir.·
1980-05-22
·cited 24×
The court held that the indictment was not duplicitous and that the jury instruction regarding knowledge of interstate travel for aiding and abetting was sufficient, though it could have been clearer.