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588 F.2d 256·
9th Cir.·
1978-10-23
·cited 2×
The court held that the jury instructions on circumstantial evidence were proper, the challenged testimony was not hearsay, and the indictment counts were not duplicitous.
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365 F.2d 694·
10th Cir.·
1966-09-02
·cited 2×
The court held that the indictment was not duplicitous, a bill of particulars was properly denied, and the evidence was sufficient to support the conviction.
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133 F.4th 1200·
11th Cir.·
2025-04-04
·cited 1×
Criminal defense attorney Marion Michael O'Steen was convicted of Hobbs Act extortion and failing to file a currency report after an FBI sting operation involving a $60,000 cash payment from an informant in a gambling prosecution case. The Eleventh Circuit reversed both convictio
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S.D. Fla.·
2023-10-03
The court held that the movant failed to demonstrate ineffective assistance of counsel regarding challenges to the indictment, a search, or advice on § 924(c) elements, and thus denied the motion to vacate.
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S.D. Fla.·
2021-10-27
Maurice Exavier, a federal inmate convicted of wire fraud conspiracy, identity theft conspiracy, wire fraud, and aggravated identity theft in connection with filing fraudulent tax returns for deceased individuals through his tax preparation businesses, sought collateral relief un
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M.D. Fla.·
2020-09-10
The court held that the petitioner's conviction under 18 U.S.C. § 924(c) is valid because the predicate offenses qualify as 'crimes of violence' under the use-of-force clause, rendering the unconstitutionally vague risk-of-force clause irrelevant.
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M.D. Fla.·
2019-12-04
The court held that a guilty plea waives non-jurisdictional claims, including prosecutorial misconduct and most ineffective assistance of counsel claims, and that the remaining claims were without merit and contradicted by the record.
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108 La. 479·
S.D. Fla.·
2018-10-19
The court held that the plaintiff failed to establish standing because it did not provide competent evidence of assignment approval required by the Medicare Secondary Payer Act.
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987 F.2d 1261·
6th Cir.·
1993-03-11
The court held that the defendant's conviction for making false statements and concealing self-employment must be reversed because there was insufficient evidence to prove he was self-employed, as he was an officer of a corporation and thus an employee.
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979 F.2d 365·
5th Cir.·
1992-12-03
The court held that the indictment was sufficient, the evidence was sufficient to support the convictions, and the admission of certain evidence was not erroneous.
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670 F. Supp. 337·
M.D. Fla.·
1987-07-14
The court held that making false statements during settlement negotiations for a judgment owed to a federally insured bank is prohibited under 18 U.S.C. § 1014, and that the indictment sufficiently alleged a scheme to defraud under 18 U.S.C. § 1344.
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361 F.2d 474·
8th Cir.·
1966-06-07
Challenges to the sufficiency of an indictment or the admissibility of evidence, if previously decided on direct appeal, are not reviewable in a motion to vacate sentence under 28 U.S.C. § 2255.
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79 Fla. 701·
Fla.·
1920-05-05
This case reviews a conviction for grand larceny. The appellate court affirmed the conviction, holding that an indictment charging both burglary and larceny in separate counts, arising from the same transaction, is not duplicitous and is permissible.