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M.D. Fla.·
2021-04-19
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record contradicted his allegations and his appellate counsel was not deficient for failing to raise weak arguments.
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M.D. Fla.·
2020-11-20
Jordan J. Gadson challenged his first-degree murder conviction by filing a federal habeas corpus petition, arguing that jury instructions on felony murder and principals constituted a constructive amendment of the indictment, that trial counsel failed to advise him of the charges
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673 F. App'x 13·
M.D. Fla.·
2012-05-11
The court granted the preliminary injunction, enjoining the defendants from operating as a market agency until administrative proceedings are resolved, finding they repeatedly operated while insolvent and violated custodial account regulations.
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994 F.2d 169·
5th Cir.·
1993-06-16
A constructive amendment to an indictment occurs when the jury is permitted to convict the defendant upon a factual basis that effectively modifies an essential element of the offense charged, requiring reversal.
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995 F.2d 1256·
4th Cir.·
1993-06-11
The dissenting judge would reverse the district court's grant of the writ, finding no constitutional error regarding notice and that any error was invited or not prejudicial.
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991 F.2d 493·
9th Cir.·
1993-03-31
The court held that a variance between the indictment and proof regarding the aggregation of credit card charges did not affect substantial rights, and that a district court may depart upward from the Sentencing Guidelines based on egregious perjury even after applying an upward
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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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970 F.2d 1539·
6th Cir.·
1992-07-29
The majority opinion condoned trying a defendant on charges not made in the indictment, which is a violation of federal constitutional law.
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904 F.2d 263·
5th Cir.·
1990-06-27
The court held that the petitioner failed to demonstrate ineffective assistance of counsel, that the Texas rape statute was constitutional, and that the jury instructions were not fundamentally erroneous.
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875 F.2d 1233·
6th Cir.·
1989-05-26
The court held that a post-trial revelation that the bank was not a member of the Federal Reserve System, as alleged in the indictment, requires a new trial because the government should have known this fact and it constitutes a substantive element of the offense, preventing conv
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867 F.2d 842·
5th Cir.·
1989-03-01
The court held that the evidence of FDIC insurance was sufficient, the jury instructions, though imperfect, did not constitute plain error or constructively amend the indictment, and the imposed fine was statutorily authorized.