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787 F.2d 1022·
6th Cir.·
1985-12-23
·cited 18×
The court held that there was sufficient evidence to support the convictions for conspiracy and mail fraud, and that the defendants' various procedural and evidentiary claims did not warrant a new trial or acquittal.
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775 F.2d 979·
8th Cir.·
1985-10-21
·cited 18×
The court held that Fryer's habeas corpus petition was properly denied because the evidence was sufficient for conviction, the prosecution did not suppress material exculpatory evidence, his confession was voluntary, the voluntariness hearing was constitutionally adequate, and th
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473 So. 2d 841·
Fla. 1st DCA·
1985-08-13
·cited 18×
Ronald Howard was convicted of sexual battery as an aider and abettor under Florida law. The appellate court affirmed his conviction, holding that the evidence sufficiently established that Howard both facilitated and incited sexual acts by accomplices against two victims.
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766 F.2d 1452·
10th Cir.·
1985-07-09
·cited 18×
The court held that admitting evidence of co-conspirator guilty pleas, even without a limiting instruction, was not plain error, and that a potential conflict of interest arising from defense counsel's prior representation of a government witness was harmless.
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471 So. 2d 1333·
Fla. 3d DCA·
1985-06-25
·cited 18×
Sobrino and Diaz were convicted of drug trafficking based on their role as purchasers in a reverse sting operation. The Florida District Court of Appeal reversed, holding that the statutory definition of trafficking by delivery does not encompass buyers, and that buyers cannot ai
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470 So. 2d 58·
Fla. 3d DCA·
1985-06-04
·cited 18×
The court held that a trial court's judgment and sentence must conform to the jury's verdict, and a mandatory minimum sentence or sentence enhancement for firearm use requires a jury finding of such use.
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746 F.2d 1022·
5th Cir.·
1984-11-02
·cited 18×
A defendant can be convicted of aiding and abetting wire fraud even if their actions occurred after the wire communication, as long as they were a knowing participant in the overall scheme to defraud.
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741 F.2d 680·
4th Cir.·
1984-08-08
·cited 18×
The court affirmed convictions for conspiracy and substantive offenses for most defendants, but reversed substantive convictions for Michael Spoone due to insufficient evidence. The court also affirmed Rusty Spoone's conspiracy conviction despite his age at the time of some acts.
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739 F.2d 297·
7th Cir.·
1984-07-24
·cited 18×
The court held that the prosecutor's comment on the defendant's failure to call a witness and the admission of testimony about the defendant's nickname 'Fast Eddie' constituted reversible error.
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737 F.2d 844·
10th Cir.·
1984-06-12
·cited 18×
The court held that the defendant's conviction and sentence were not subject to reversible error, affirming the lower court's decision.
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720 F.2d 1488·
10th Cir.·
1983-11-04
·cited 18×
The court held that the defendant's use of an entrapment defense to some counts did not create sufficient prejudice to warrant severance, and that purchasing food stamps from an undercover agent does not make the acquisition lawful.
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713 F.2d 623·
11th Cir.·
1983-08-29
·cited 18×
The court held that exigent circumstances justified the warrantless re-entry of the residence, and the evidence was sufficient to sustain the defendant's convictions for conspiracy, possession, and distribution of cocaine.
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699 F.2d 213·
5th Cir.·
1983-02-14
·cited 18×
The court held that there was sufficient evidence to support the convictions for conspiracy and substantive drug offenses, and that the admission of coconspirator guilty pleas and a brief mention of plea bargaining did not prejudice the defendant, nor did the separate conspiracy
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698 F.2d 1060·
9th Cir.·
1983-02-11
·cited 18×
The court affirmed the convictions of Crenshaw and Gordon but reversed Lehman's conviction, remanding for a new trial.
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693 F.2d 1135·
5th Cir.·
1982-12-07
·cited 18×
The court held that circumstantial evidence was sufficient to support the jury's verdict for aiding and abetting the transportation of illegal aliens and for conspiracy to transport illegal aliens.
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681 F.2d 1372·
11th Cir.·
1982-08-06
·cited 18×
The court held that the evidence was sufficient to support the jury's finding of conspiracy to import marijuana and possession, and that the imposition of special parole terms was proper.
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684 F.2d 235·
2d Cir.·
1982-07-23
·cited 18×
The court held that the district court had jurisdiction and venue was proper in the Southern District of New York for charges of wire fraud and transportation of funds obtained by fraud.
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679 F.2d 423·
5th Cir.·
1982-06-28
·cited 18×
The court held that the Coast Guard's random search of an American vessel on the high seas was valid, and the evidence was sufficient to support convictions for conspiracy and possession of marijuana with intent to distribute.
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668 F.2d 1172·
10th Cir.·
1982-01-25
·cited 18×
The court held that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in admitting or excluding certain evidence.
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665 F.2d 825·
8th Cir.·
1981-12-04
·cited 18×
The court held that the evidence was insufficient to support Wilson's convictions for murder and conspiracy, but affirmed Scott's convictions.
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654 F.2d 257·
3d Cir.·
1981-06-22
·cited 18×
The court held that the district court did not err in denying the motion to suppress letters, in its comments regarding the death penalty, in refusing to dismiss the indictment, in admitting coconspirator statements, in its handling of alleged threats to defense counsel, in faili
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636 F.2d 1003·
5th Cir.·
1981-02-09
·cited 18×
The court held that 42 U.S.C. § 1973i(c) is constitutional when applied to conduct that affects both federal and state elections, even if the intent was solely to influence the state election.
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633 F.2d 689·
5th Cir.·
1980-12-29
·cited 18×
The court held that the evidence was sufficient to support the convictions, the search warrant was valid, and the denial of a mistrial was proper.
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387 So. 2d 1014·
Fla. 4th DCA·
1980-09-10
·cited 18×
The court held that the circumstantial evidence, including the defendant's flight and discarding of cocaine, was sufficient to support a jury's finding of guilt for conspiracy to sell cocaine.
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612 F.2d 1103·
8th Cir.·
1980-01-22
·cited 18×
The court held that there was sufficient evidence to support the conviction, the speedy trial claim was without merit, and the sentence was not excessive.
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612 F.2d 43·
2d Cir.·
1979-11-26
·cited 18×
The court held that the district court's jury instructions were correct, affirming the conviction. Knowledge of the principal's specific position within the carrier is not an element of aiding and abetting a violation of 18 U.S.C. § 660, and the jury was adequately instructed on
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612 F.2d 19·
2d Cir.·
1979-09-06
·cited 18×
The court held that the appellant lacked standing to challenge the seizure of cocaine from a co-defendant's apartment on the conspiracy count, but had automatic standing on the possession count. However, the court affirmed the conviction, finding no merit to the Fourth Amendment
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604 F.2d 569·
8th Cir.·
1979-08-16
·cited 18×
The court held that the defendant's actions in advising others on how to avoid federal income tax withholding were not protected by the First Amendment, an indictment was not required, and he was not illegally selectively prosecuted.
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603 F.2d 409·
2d Cir.·
1979-08-03
·cited 18×
The court held that the appellant was not denied credit for time served and that the modified sentence did not violate the Due Process Clause by impermissibly increasing his punishment.
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599 F.2d 954·
10th Cir.·
1979-06-18
·cited 18×
The court held that the admission of evidence concerning other criminal transactions was proper as it was an inseparable part of the crime charged or admissible under Rule 404(b) for motive, intent, and knowledge. The court also found the jury instructions adequate.
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596 F.2d 141·
5th Cir.·
1979-06-04
·cited 18×
The court held that the evidence was sufficient to sustain the defendant's conviction for conspiracy and aiding and abetting the possession of marijuana with intent to distribute. The court also found no reversible error in the admission of evidence of a prior foreign conviction
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589 F.2d 24·
1st Cir.·
1978-12-12
·cited 18×
The court held that the witness's claim of privilege against self-incrimination was valid, as answering the questions could link her to criminal activity, and that the government's affidavits adequately addressed the electronic surveillance claim.
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586 F.2d 113·
9th Cir.·
1978-11-09
·cited 18×
The court held that the district court did not err in admitting tape recordings and transcripts with a cautionary instruction, denying a continuance, admitting certain statements, or admitting a defendant's statement, affirming the convictions.
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574 F.2d 277·
5th Cir.·
1978-06-02
·cited 18×
The court held that Nelson's § 924(c) conviction should be vacated due to Supreme Court precedent, and White's § 2113(d) conviction should be reversed and remanded for sentencing under § 2113(a) due to inconsistent jury instructions.
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573 F.2d 1051·
8th Cir.·
1978-04-19
·cited 18×
An attempt to enter a bank's night depository constitutes an attempt to enter the bank within the meaning of 18 U.S.C. § 2113(a), and denial of a continuance to obtain private counsel was not an abuse of discretion.
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566 F.2d 1045·
6th Cir.·
1977-12-05
·cited 18×
The court held that a conspiracy conviction under 18 U.S.C. § 371 is distinct from substantive offenses under 18 U.S.C. § 215, and convictions for both do not constitute double jeopardy if the conspiracy can be proven independently. The court also affirmed convictions for misappl
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563 F.2d 1227·
5th Cir.·
1977-12-01
·cited 18×
The court held that the word "assists" in 18 U.S.C. § 1792, prohibiting assistance in a prison riot, includes willful participation in the riot.
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565 F.2d 229·
2d Cir.·
1977-11-01
·cited 18×
The court held that the evidence was insufficient to prove the defendant 'uttered' forged Treasury checks, but affirmed convictions for possession of stolen mail.
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545 F.2d 642·
9th Cir.·
1976-07-12
·cited 18×
The court held that the trial court erred in its jury instruction regarding aiding and abetting and in restricting cross-examination on Miranda warnings.
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536 F.2d 1264·
9th Cir.·
1976-06-01
·cited 18×
The court held that the evidence was sufficient to convict the appellant of conspiracy and illegal exportation, that a coconspirator's statement was admissible, and that the trial court did not abuse its discretion in denying severance motions.
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534 F.2d 207·
10th Cir.·
1975-12-03
·cited 18×
The court held that the supplemented record was sufficient to determine the admissibility and prejudicial effect of Exhibit 71, and that the trial court did not abuse its discretion in admitting the exhibit.
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507 F.2d 12·
2d Cir.·
1974-11-21
·cited 18×
The court held that the non-disclosure of letters from a key government witness to the trial judge and other officials constituted a violation of the Jencks Act and Brady v. Maryland, requiring a new trial for Yagid. Badalamente's conviction was affirmed.
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503 F.2d 1295·
7th Cir.·
1974-09-12
·cited 18×
The court held that the defendant's conviction for extortion under the Hobbs Act and for making a false declaration to a grand jury were supported by sufficient evidence and that the joinder of counts and jury instructions were proper.
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502 F.2d 1295·
9th Cir.·
1974-09-11
·cited 18×
The court held that the evidence against both appellants was sufficient to support their convictions and that no reversible error occurred during their trials.
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504 F.2d 126·
2d Cir.·
1974-07-03
·cited 18×
The court held that the mailing of broker confirmation slips in furtherance of a securities fraud scheme was sufficiently related to the scheme to constitute a violation of the mail fraud statute, distinguishing the case from United States v. Maze.
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488 F.2d 287·
5th Cir.·
1974-01-17
·cited 18×
The court affirmed both defendants' convictions, finding sufficient evidence for Hofman and upholding the denial of Pearson's motion to suppress.
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478 F.2d 762·
5th Cir.·
1973-04-26
·cited 18×
The court affirmed the conviction, holding that the jury instructions were not harmful error and that objections to hearsay and best evidence regarding FDIC insurance were either not preserved or not prejudicial.
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444 F.2d 448·
6th Cir.·
1971-06-29
·cited 18×
The court held that the admission of the counterfeit bill on the second count was improper due to a broken chain of custody, but the jury instruction on reasonable doubt was not plain error.
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442 F.2d 779·
D.C. Cir.·
1971-02-09
·cited 18×
The court held that the evidence was sufficient to support the jury's verdict of guilt for bank robbery and that the prosecutor's question about prior confinement did not constitute reversible error. However, the conviction for entering a bank with intent to rob merged with the c
-
435 F.2d 972·
10th Cir.·
1970-12-29
·cited 18×
The court held that the trial court did not err in denying motions for continuance, severance, or election between counts, nor in its handling of defendant statements or sufficiency of evidence.