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807 F.2d 833·
9th Cir.·
1987-01-06
·cited 10×
A broker-dealer is not a controlling person under federal securities laws if it lacked actual power or influence over the controlled person and did not culpably participate in the illegal activity.
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804 F.2d 623·
11th Cir.·
1986-11-17
·cited 10×
The court held that the evidence was sufficient to support the conviction for possession of cocaine with intent to distribute, but remanded for correction of the judgment.
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803 F.2d 246·
6th Cir.·
1986-10-08
·cited 10×
Drug trafficking offenses are not 'crimes of violence' under 18 U.S.C. § 924(c), and therefore, convictions for carrying a firearm during such offenses must be vacated. However, convictions for conspiracy and aiding and abetting distribution are affirmed.
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800 F.2d 737·
8th Cir.·
1986-08-29
·cited 10×
The court held that defendants' arguments regarding evidentiary rulings and sufficiency of evidence did not constitute reversible error, and affirmed the convictions.
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794 F.2d 1101·
6th Cir.·
1986-06-24
·cited 10×
The dissenting judge believes there was insufficient evidence to support the defendant's conviction for attempted constructive possession with intent to distribute.
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783 F.2d 677·
6th Cir.·
1986-02-19
·cited 10×
The court held that there was sufficient evidence to support the conviction for both importation of cocaine and using the mail to facilitate importation, and that separate punishments for each offense were permissible.
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780 F.2d 179·
2d Cir.·
1985-12-16
·cited 10×
The court should not have approved a sting operation conducted by private attorneys due to ethical concerns and lack of judicial oversight.
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777 F.2d 388·
8th Cir.·
1985-11-13
·cited 10×
The court held that the evidence was sufficient to support the conviction, the Sixth Amendment right to compulsory process was not violated, and statements made to pretrial services personnel without Miranda warnings were admissible for impeachment.
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773 F.2d 1180·
11th Cir.·
1985-10-15
·cited 10×
The court held that a defendant charged with a firearms violation cannot collaterally attack the validity of the underlying felony conviction, and that joinder of drug and firearm counts was proper.
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773 F.2d 1469·
5th Cir.·
1985-10-08
·cited 10×
The court held that the defendant's conviction for converting mortgaged property to his own use was supported by sufficient evidence and that his various legal arguments, including claims of constitutional violations, statutory vagueness, government estoppel, and evidentiary erro
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771 F.2d 392·
8th Cir.·
1985-08-26
·cited 10×
The court held that the district court did not err in refusing jury instructions regarding the timing of the offense and lesser included offenses, nor in admitting Ashby's confession.
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765 F.2d 1482·
11th Cir.·
1985-07-22
·cited 10×
The majority's decision effectively repeals 18 U.S.C. § 3161(c)(2) by allowing trials less than thirty days after indictment.
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738 F.2d 655·
5th Cir.·
1984-08-10
·cited 10×
The court held that the Foreign Corrupt Practices Act (FCPA) prohibits the prosecution of an employee for a substantive offense if their employer has not been convicted of a similar FCPA violation.
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737 F.2d 450·
5th Cir.·
1984-07-13
·cited 10×
The court held that the destruction of a building by uncontained gasoline ignited by a fuse can constitute destruction "by means of an explosive" under 18 U.S.C. § 844(i), and that a defendant's right to poll the jury can be waived by counsel's failure to object or request a reca
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733 F.2d 339·
4th Cir.·
1984-05-02
·cited 10×
Defendants lacked a legitimate expectation of privacy in a package addressed to a third party, even if they were the intended recipients of its contents.
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728 F.2d 421·
10th Cir.·
1984-02-14
·cited 10×
The court held that the trial court did not err in denying motions to dismiss the conspiracy count, merge charges, dismiss for lack of speedy trial, or dismiss specific counts due to insufficient evidence, and that the verdict forms were not erroneous.
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700 F.2d 883·
2d Cir.·
1983-02-15
·cited 10×
Evidence of customary practices is sufficient, standing alone, to establish mailing and non-receipt for theft from the mail cases.
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678 F.2d 1202·
4th Cir.·
1982-05-27
·cited 10×
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678 F.2d 878·
10th Cir.·
1982-05-19
·cited 10×
The court held that the government's conduct in supplying P2P was not outrageous, and that inconsistent jury verdicts and the withholding of certain documents did not violate due process.
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675 F.2d 815·
6th Cir.·
1982-04-16
·cited 10×
The court held that striking a defendant's entire mental defect defense as punishment for refusing a psychiatric examination exceeds the authority granted by Federal Rule of Criminal Procedure 12.2(d).
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673 F.2d 96·
5th Cir.·
1982-04-12
·cited 10×
The court held that the evidence was sufficient to support the conspiracy and firearms convictions, and that the admission of a CIA affidavit did not violate the confrontation clause.
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670 F.2d 1356·
4th Cir.·
1982-02-16
·cited 10×
The court held that the district court did not err in denying the defendant's requests for a chemist, both before and during trial, because the requests were untimely and failed to demonstrate necessity for an adequate defense.
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403 So. 2d 1063·
Fla. 4th DCA·
1981-09-09
·cited 10×
The appellate court affirmed a conviction for first-degree murder and robbery. The court held that the defendant, who provided the getaway car and the murder weapon for a robbery, was constructively present and could be convicted of felony murder even if not physically at the sce
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655 F.2d 569·
5th Cir.·
1981-09-01
·cited 10×
The court held that using the same evidence for conspiracy and substantive counts does not violate double jeopardy, and a conviction as an aider and abettor is valid even if the principal was not convicted.
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655 F.2d 562·
4th Cir.·
1981-07-30
·cited 10×
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642 F.2d 1179·
9th Cir.·
1981-03-23
·cited 10×
The court held that leaving firearms with a co-conspirator for safekeeping does not constitute a "transfer" under 26 U.S.C. § 5845(j), thus reversing an aiding and abetting conviction based on such a transfer. The court also held that the trial court adequately instructed the jur
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635 F.2d 814·
10th Cir.·
1980-12-19
·cited 10×
The court held that the district court had jurisdiction because the interstate element was not manufactured by the FBI, and the prosecution's questioning of a witness about a felony conviction, even if inaccurate, was harmless error.
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634 F.2d 1136·
8th Cir.·
1980-12-01
·cited 10×
The court held that the district court properly admitted co-conspirator statements, that convictions for conspiracy and substantive offenses do not violate double jeopardy, and that the prosecutor's remarks were not prejudicial.
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626 F.2d 310·
3d Cir.·
1980-07-22
·cited 10×
The court held that the trial court did not err in finding the defendants guilty of unlawful entry and petty larceny, affirming their convictions.
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611 F.2d 961·
4th Cir.·
1979-12-11
·cited 10×
The court held that the evidence was legally sufficient to support the jury's verdict and that the district court did not commit reversible error in its jury charges or evidentiary rulings.
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663 F.2d 107·
D.C. Cir.·
1979-08-20
·cited 10×
The court held that the trial court did not err in restricting cross-examination regarding a co-defendant's plea agreement, in its jury instructions on aiding and abetting, or in admitting prior convictions to show predisposition and credibility, especially since the defendant in
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603 F.2d 1101·
4th Cir.·
1979-07-25
·cited 10×
The court held that a defendant cannot assert a violation of a witness's Fifth Amendment privilege, and that considering a defendant's perjury at a co-defendant's trial during sentencing for the original offense does not violate the Double Jeopardy Clause.
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601 F.2d 66·
2d Cir.·
1979-06-13
·cited 10×
The court held that taped conversations were admissible and that sufficient evidence supported the convictions, affirming the judgments.
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587 F.2d 199·
5th Cir.·
1979-01-02
·cited 10×
The court held that the evidence was sufficient to support the jury's verdict of guilty on charges of conspiracy to import and possess with intent to distribute cocaine, aiding and abetting importation, and possession with intent to distribute.
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577 F.2d 1384·
9th Cir.·
1978-07-13
·cited 10×
The court held that the trial judge did not abuse discretion regarding a juror's passing by a crime scene, the admission of co-conspirator statements, the exclusion of a surrebuttal witness, the informant's fee arrangement, or the order of jury instructions.
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360 So. 2d 476·
Fla. 3d DCA·
1978-07-11
·cited 10×
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358 So. 2d 92·
Fla. 4th DCA·
1978-05-02
·cited 10×
Four defendants convicted of robbery with a firearm were sentenced to mandatory three-year terms without a presentence investigation. The court reversed on two grounds: that only the defendant with actual possession of a firearm could receive the mandatory minimum, and that the s
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570 F.2d 264·
8th Cir.·
1978-02-07
·cited 10×
The court held that the trial court did not commit prejudicial error in its rulings or instructions, and affirmed the jury convictions.
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348 So. 2d 403·
Fla. 3d DCA·
1977-07-26
·cited 10×
Florida appealed the trial court's dismissal of conspiracy charges against three police officers accused of conspiring to distribute stolen money. The appellate court reversed, holding that the evidence of specific agreements and circumstantial evidence of a conspiracy was suffic
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555 F.2d 597·
6th Cir.·
1977-05-27
·cited 10×
The court held that the warrantless search of the appellant's suitcase was incident to a lawful arrest, as the officers had probable cause based on independent investigation corroborating an informant's tip.
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551 F.2d 780·
8th Cir.·
1977-03-29
·cited 10×
The court held that the district court did not abuse its discretion in denying a continuance, that the cross-examination and rebuttal testimony regarding the appellant's statement did not impermissibly impeach his right to remain silent, and that the jury instruction was not plai
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543 F.2d 412·
D.C. Cir.·
1976-09-17
·cited 10×
The court held that the trial court erred in refusing to instruct the jury on entrapment when the defendant presented evidence of inducement, even if mild, and contradicted the government's case.
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538 F.2d 107·
6th Cir.·
1976-06-24
·cited 10×
The court held that the defendant's conviction and sentence were valid, rejecting claims regarding competency, sanity, and jury instructions.
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531 F.2d 704·
5th Cir.·
1976-05-12
·cited 10×
The court held that mere presence or association with contraband is insufficient to prove constructive possession or aiding and abetting distribution. Additional evidence of dominion or control is required.
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529 F.2d 841·
5th Cir.·
1976-04-05
·cited 10×
A defendant can be convicted of conspiring to dispense controlled substances even if they are not a medical practitioner, as long as they knowingly participated in the conspiracy with a practitioner.
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325 So. 2d 463·
Fla. 1st DCA·
1976-01-26
·cited 10×
McWhirter was charged with receiving or aiding in the concealment of stolen credit cards found in his car. The court affirmed his conviction, holding that the jury could lawfully convict him under a theory that he was present aiding and abetting the actual theft by his friend Rus
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531 F.2d 442·
10th Cir.·
1975-12-29
·cited 10×
The court held that an erroneous statutory citation in an information is not grounds for reversal unless the defendant is misled to their prejudice, and that an acquittal on a conspiracy charge does not preclude conviction on substantive counts.
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527 F.2d 456·
4th Cir.·
1975-11-10
·cited 10×
The court held that the defendant's arrest and search were lawful, and he received effective assistance of counsel, thus affirming his conviction.
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519 F.2d 104·
6th Cir.·
1975-07-02
·cited 10×
The court held that the seizure of marijuana was constitutional and that the sentencing procedure violated federal rules and Supreme Court precedent by denying adequate time for preparation and investigation.
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518 F.2d 831·
4th Cir.·
1975-07-01
·cited 10×
The court held that the petitioner's claims raised in his motion to vacate sentence were without merit and affirmed the district court's denial of the motion.