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983 F.2d 778·
7th Cir.·
1993-01-06
The court affirmed the conviction and sentence, holding that the evidence was sufficient for both counts and that the district court did not err in attributing 15 kilograms of cocaine to the defendant for sentencing purposes.
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982 F.2d 936·
6th Cir.·
1992-12-17
The court held that the bank was not a statutory seller under Section 12(2) because it did not solicit the purchase of securities, and it had no duty to disclose information to the plaintiff under Section 10(b) or state law as the plaintiff failed to make inquiries.
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982 F.2d 173·
6th Cir.·
1992-12-11
The dissent argues that the indictment was legally sufficient because conspiracy to aid and abet is the same crime as conspiracy to commit the underlying offense.
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982 F.2d 335·
9th Cir.·
1992-12-10
The court held that the evidence was insufficient to support a finding beyond a reasonable doubt that the defendant intended to aid in the killing that occurred.
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980 F.2d 868·
2d Cir.·
1992-12-04
The court held that the indictment, when read in its entirety, provided sufficient notice of the charges, and the jury instructions did not constructively amend the indictment.
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980 F.2d 1143·
8th Cir.·
1992-11-05
The court held that the jury instructions and verdict form, while potentially problematic, constituted harmless error in this specific case due to sufficient evidence for conviction under either theory.
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978 F.2d 543·
9th Cir.·
1992-10-30
The court held that there was insufficient evidence to support the juvenile's conviction for possession of marijuana with intent to distribute.
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978 F.2d 1029·
8th Cir.·
1992-10-27
The court held that the Bureau of Prisons, not the district court, has the authority to grant credit for time spent in state custody, and that the defendants should receive credit for the seventy days spent in state custody.
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976 F.2d 323·
7th Cir.·
1992-09-24
The court held that a petitioner cannot raise claims in a second or successive motion if they were not raised on direct appeal and lack cause and prejudice, nor can they relitigate issues already decided on the merits without showing the ends of justice require it.
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975 F.2d 8·
1st Cir.·
1992-09-11
The court affirmed the conviction, holding that the jury instructions were not erroneous, the evidence was sufficient for embezzlement, and the denial of suppression motions was harmless.
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973 F.2d 852·
10th Cir.·
1992-08-24
The court held that the admission of an informant's statement for a non-hearsay purpose was proper, the evidence was sufficient to link the defendant to the charged transactions, and the district court did not err in including drugs found during a traffic stop in the sentencing c
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970 F.2d 907·
D.C. Cir.·
1992-07-31
The court held that the district court had discretion to exclude alibi witnesses for untimely disclosure but remanded for an explicit explanation of the reasoning. It rejected other arguments regarding evidence of prior crimes and sentencing.
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969 F.2d 1138·
D.C. Cir.·
1992-07-14
The court held that Bragg's application for fees failed to show they were incurred 'but for' the Ethics in Government Act, as his claims were speculative and unsupported.
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969 F.2d 905·
10th Cir.·
1992-07-08
The court held that the evidence did not establish a genuine issue of material fact as to Capitol Federal's scienter for aiding-and-abetting liability, affirming summary judgment.
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969 F.2d 197·
6th Cir.·
1992-07-08
The court held that the district court abused its discretion by admitting irrelevant and prejudicial financial and tax return evidence against the defendant, which was not harmless error.
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969 F.2d 606·
8th Cir.·
1992-07-01
The court held that the denial of a writ of habeas corpus was proper because the trial court's alleged errors did not violate constitutional rights or render the trial fundamentally unfair.
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966 F.2d 1362·
10th Cir.·
1992-06-15
The court held that there was sufficient evidence to support the defendant's convictions for conspiracy to possess with intent to distribute, and possession with intent to distribute, crack cocaine.
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964 F.2d 1380·
3d Cir.·
1992-06-01
The court held that the district court erred in admitting the victim's second statement by relying on corroborating evidence, but the error was harmless due to substantial overlap with a prior admissible statement and other corroborating evidence.
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962 F.2d 488·
5th Cir.·
1992-05-28
An employee who is not an employer cannot be held criminally liable under OSHA for willfully violating safety standards, either directly or as an aider and abettor.
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599 So. 2d 257·
Fla. 4th DCA·
1992-05-27
The court held that a vehicle used to transport items obtained through credit card fraud is subject to forfeiture, as it aids in the commission of the felony.
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962 F.2d 439·
5th Cir.·
1992-05-26
The court held that the trial court abused its discretion by failing to poll the jury regarding a highly prejudicial newspaper article published during the trial.
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965 F.2d 179·
7th Cir.·
1992-05-22
The court held that the exclusion of extrinsic evidence of prior inconsistent statements and opinion testimony regarding character was harmless error, but vacated the restitution order due to plain error for failing to consider the defendant's ability to pay.
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963 F.2d 41·
3d Cir.·
1992-05-06
The court held that a defendant can be convicted of aiding and abetting possession with intent to distribute if they procure customers and maintain the market, even without direct participation in obtaining or holding the drugs.
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963 F.2d 314·
10th Cir.·
1992-05-05
The court held that the district court did not abuse its discretion in excluding hearsay testimony offered to exculpate the defendant, as the declarant's unavailability was not sufficiently shown and there was a lack of corroborating circumstances.
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959 F.2d 31·
5th Cir.·
1992-04-09
Resentencing, rather than a new trial, is the proper remedy when a defendant is convicted of multiple overlapping offenses and some convictions are vacated due to flawed jury instructions.
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958 F.2d 247·
8th Cir.·
1992-03-12
The court held that the issues raised in the current appeals were properly before the court, and that the jury instructions regarding entrapment, informant credibility, and aiding and abetting were not erroneous.
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595 So. 2d 1042·
Fla. 4th DCA·
1992-03-11
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954 F.2d 1256·
6th Cir.·
1992-01-29
The court held that the defendant had a meaningful opportunity and motive to cross-examine the witness whose prior testimony was admitted, and therefore, admitting the testimony did not violate the Sixth Amendment.
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952 F.2d 345·
10th Cir.·
1991-12-20
The court held that the sentencing court's finding of the marijuana's net weight was supported by a preponderance of the evidence, and thus affirmed the criminal sentence.
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951 F.2d 863·
8th Cir.·
1991-11-27
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949 F.2d 240·
8th Cir.·
1991-11-08
The court held that the evidence was sufficient to support the convictions of Eason and Lyon for aiding in exceeding the daily bag limit and wanton waste of migratory game birds, but not for the other six defendants.
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945 F.2d 1371·
6th Cir.·
1991-10-02
The court affirmed the district court's dismissal of all claims, finding the RICO claim deficient and other claims essentially contractual disputes. The court remanded for further consideration of Rule 11 sanctions.
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944 F.2d 123·
3d Cir.·
1991-09-04
The court held that the district court abused its discretion by allowing the jury to examine a notebook containing unadmitted exhibits, but this error was harmless due to overwhelming evidence of guilt.
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939 F.2d 776·
9th Cir.·
1991-07-24
The court held that the defendant's conviction for involuntary servitude was not invalidated by a subsequent change in legal interpretation, and her claims of juror bias and ineffective assistance of counsel were without merit.
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934 F.2d 1423·
9th Cir.·
1991-05-31
The court held that the presence of alternate jurors during deliberations, even if instructed not to participate, violates the Federal Rules of Criminal Procedure and requires vacating convictions not reversed for insufficient evidence. The court also reversed convictions for ins
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578 So. 2d 873·
Fla. 2d DCA·
1991-05-03
Florida appellate court reversed grand theft conviction where evidence showed only that appellant was present at the scene but failed to establish intent or assistance in the crime.
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931 F.2d 671·
10th Cir.·
1991-04-29
The court held that the evidence was sufficient to support the defendant's convictions for drug distribution, possession with intent to distribute, and firearm use in furtherance of drug trafficking. The court also found no fatal variance between the indictment and the evidence p
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928 F.2d 632·
4th Cir.·
1991-03-20
An employee's interest in a supplier is inherently adverse to the employer's interests under agency law, but full disclosure to the employer prevents a breach of fiduciary duty.
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576 So. 2d 392·
Fla. 1st DCA·
1991-03-13
Charley Patrick Adkins appealed his convictions for trafficking in stolen property and making a false statement in a vehicle title application. The court affirmed his conviction on the false statement charge but reversed the trafficking convictions for insufficient evidence, and
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925 F.2d 831·
5th Cir.·
1991-03-08
Foreign officials cannot be prosecuted under the general conspiracy statute (18 U.S.C. § 371) for conspiring to violate the Foreign Corrupt Practices Act (FCPA), as Congress evinced a clear intent to exempt them from prosecution.
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919 F.2d 348·
5th Cir.·
1990-12-18
The court held that the district court erred in imposing a special parole term because the relevant statute at the time of sentencing did not authorize it.
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567 So. 2d 906·
Fla. 2d DCA·
1990-08-31
Richard Gwong appeals his first-degree murder conviction based on a jury verdict finding him guilty of felony murder. The court affirmed the conviction, holding that an indictment charging premeditated murder is sufficient to support a felony murder conviction without requiring t
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905 F.2d 350·
11th Cir.·
1990-07-05
The appellate court affirmed the conviction, finding sufficient evidence and no merit to the defendant's claims regarding the agreement, the use of funds, or the admission of evidence. The court also denied the defendant's request for bond pending appeal.
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561 So. 2d 1301·
Fla. 3d DCA·
1990-05-29
A juvenile was adjudicated delinquent for aiding and abetting burglary, criminal mischief, and grand theft based on circumstantial evidence showing he sat in a getaway car while his companion stole items from a vehicle. The appellate court affirmed the adjudication, finding suffi
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903 F.2d 404·
6th Cir.·
1990-05-18
The court held that the district court erred in denying the plaintiffs' motion for return of property without an evidentiary hearing, as issues of consent and the scope of the search required further examination.
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897 F.2d 162·
5th Cir.·
1990-03-13
The court held that admitting sample food stamps into evidence, even without proper authentication, was harmless error, and the jury instructions on aiding and abetting were adequate.
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898 F.2d 328·
2d Cir.·
1990-03-13
The court held that the district judge's finding that the defendant was not a risk to flee was clearly erroneous.
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893 F.2d 1267·
11th Cir.·
1990-02-07
An isolated act which simultaneously violates two statutes can demonstrate the continuity necessary to establish a pattern of racketeering activity under RICO.
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884 F.2d 912·
6th Cir.·
1989-09-07
The Sixth Circuit held that the district court erred in granting habeas corpus relief based on insufficient evidence, as the Jackson v. Virginia standard requires only that a rational trier of fact could have found guilt beyond a reasonable doubt, not that all other hypotheses be
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884 F.2d 252·
6th Cir.·
1989-08-28
The admission of a nontestifying co-defendant's confession in a bench trial does not violate the Confrontation Clause if the judge is capable of compartmentalizing the evidence and not using it against the defendant.