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720 F.2d 985·
8th Cir.·
1983-11-14
·cited 43×
A prejudicial variance between the indictment charging a single conspiracy and the proof at trial demonstrating multiple conspiracies requires reversal of the conspiracy convictions. However, convictions for possession with intent to distribute are affirmed if the evidence is str
-
813 F.2d 31·
2d Cir.·
1987-03-05
·cited 42×
A defendant who fails to pay for a hotel room and whose luggage is lawfully taken by the hotel loses any legitimate expectation of privacy in that luggage, even if arrested. Statements by a coconspirator identifying a source and reassuring a listener are considered made in furthe
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808 F.2d 561·
7th Cir.·
1986-12-16
·cited 42×
The court affirmed the convictions, holding that successive state and federal prosecutions do not violate double jeopardy, the Mann Act and kidnapping are distinct offenses, and the trial court did not err in evidentiary or procedural rulings.
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778 F.2d 1380·
9th Cir.·
1985-12-17
·cited 42×
The court held that co-conspirator testimony was properly admitted, the Jencks Act was not violated, plea-bargained testimony is admissible and subject to cross-examination, and the prosecution was not impermissibly selective.
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739 F.2d 1136·
7th Cir.·
1984-05-04
·cited 42×
The court affirmed the convictions, finding no reversible error in the admission of co-conspirator statements, jury instructions, or claims of ineffective assistance of counsel and improper venue.
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606 F.2d 919·
10th Cir.·
1979-10-01
·cited 42×
The court held that while the admission of a recorded conversation for impeachment purposes was permissible, the admission of the entire conversation, including highly prejudicial discussions of murder plans, constituted reversible error requiring a new trial.
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914 F.2d 889·
7th Cir.·
1990-09-27
·cited 40×
The court affirmed the convictions and sentences, finding no reversible error in jury instructions, evidentiary rulings, probable cause for search warrants, discovery denials, sentencing provisions, or sufficiency of evidence.
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877 F.2d 1341·
7th Cir.·
1989-06-27
·cited 40×
The court held that recorded conversations between co-conspirators were admissible as non-hearsay, drug paraphernalia was relevant to the conspiracy charge, and the search of an arrestee's wallet was a valid search incident to arrest.
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833 F.2d 1068·
1st Cir.·
1987-11-24
·cited 40×
The court held that the CCE statute does not require the jury to unanimously agree on the identities of the five subordinates, and that the indictment for conspiracy to impede the IRS was sufficiently specific.
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827 F.2d 395·
9th Cir.·
1987-03-06
·cited 40×
The court held that the district court should have excluded the out-of-court statements unless the government granted use immunity to the declarant, to ensure the defendant's right to a fair trial and confrontation.
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812 F.2d 41·
1st Cir.·
1987-03-02
·cited 40×
The court held that the evidence was sufficient to support the conspiracy conviction and that the admission of co-conspirator statements was proper.
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782 F.2d 386·
2d Cir.·
1986-02-05
·cited 40×
The court held that the admission of co-conspirators' statements did not violate the Federal Rules of Evidence or the Sixth Amendment confrontation clause, that appellant Marotta was not denied conflict-free counsel, that New York's corroboration of accomplice testimony requireme
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737 F.2d 814·
9th Cir.·
1984-07-12
·cited 40×
The court held that the government's conduct was not outrageous, there was sufficient evidence of possession, and evidentiary rulings were not reversible error. The convictions are affirmed.
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649 F.2d 1345·
9th Cir.·
1981-07-06
·cited 40×
The court held that the admission of coconspirator statements was proper, the evidence was sufficient to convict, and the trial court did not err in its rulings on jury instructions, evidence admission, or cross-examination.
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594 F.2d 1272·
9th Cir.·
1979-04-09
·cited 40×
The court held that co-conspirator statements implicating the defendant were improperly admitted because there was insufficient independent evidence connecting the defendant to the conspiracy, and the remaining evidence was insufficient to support an aiding and abetting convictio
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911 F.2d 847·
1st Cir.·
1990-08-20
·cited 39×
The court held that sufficient evidence supported the defendants' convictions for conspiracy to import cocaine and marijuana, and that improper cross-examination and delayed reading of the indictment did not constitute reversible error.
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850 F.2d 1500·
11th Cir.·
1988-08-02
·cited 39×
Mail fraud convictions are reversed because the jury may have convicted based on the 'honest services' theory invalidated by McNally. RICO convictions are affirmed for Alexander but reversed for Grider due to insufficient predicate acts after the mail fraud reversal.
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776 F.2d 1104·
3d Cir.·
1985-11-06
·cited 39×
The court held that the government's overbroad use of a bill of particulars to potentially include individuals not supported by evidence created a compelling governmental interest to seal the document, despite the general First Amendment right of access.
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855 F.2d 12·
1st Cir.·
1988-08-29
·cited 38×
The court held that the evidence was sufficient to support convictions for attempted possession of marijuana with intent to distribute, as the defendants' actions constituted a substantial step corroborating criminal intent, and the abandonment defense was not established.
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758 F.2d 1517·
11th Cir.·
1985-04-29
·cited 38×
The court held that the co-conspirator statements were admissible, fingerprint evidence was properly admitted, and jury instructions were adequate, affirming the conviction.
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738 F.2d 943·
8th Cir.·
1984-07-11
·cited 38×
The court held that entrapment is unavailable as a matter of law when the inducement comes from a private citizen, not a government agent, and that the admission of co-conspirator statements was harmless error given the strong independent evidence of guilt.
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695 F.2d 86·
5th Cir.·
1982-12-23
·cited 38×
The court affirmed the convictions, holding that the trial court did not err in admitting coconspirator statements under Fed.R.Evid. 801(d)(2)(E) following the procedures outlined in United States v. James, and that Ford's sentence was not cruel and unusual punishment.
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651 F.2d 1255·
8th Cir.·
1981-06-30
·cited 38×
The court held that the reversal of a co-conspirator's conviction does not automatically require reversal of the defendant's conviction, and that the trial court did not abuse its discretion in admitting evidence or in overruling objections to the prosecutor's closing remarks.
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643 F.2d 54·
2d Cir.·
1981-02-10
·cited 38×
The court held that the trial judge properly applied the Geaney standard to admit coconspirator statements and that evidence seized from Garcia-Perez's apartment need not be suppressed, even with initial Fourth Amendment violations.
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611 F.2d 399·
1st Cir.·
1979-12-19
·cited 38×
The court held that there was sufficient evidence to support the conviction and that the trial court did not err in denying the motion for acquittal, admitting co-conspirator statements, or denying the motion for mistrial.
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561 F.2d 1252·
7th Cir.·
1977-08-31
·cited 38×
The court held that evidence of conspiratorial activity after January 1973 was admissible, co-conspirator statements were properly admitted, jury use of transcripts was permissible, mistrial denial was not an abuse of discretion, evidence was sufficient for conviction, and collat
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530 F.2d 650·
5th Cir.·
1976-04-21
·cited 38×
The court held that the admission of a co-conspirator's prior inconsistent statement for impeachment purposes, even without a limiting instruction, did not constitute plain error when the statement was not overly damaging and the evidence of guilt was otherwise substantial. The c
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694 F.2d 312·
4th Cir.·
1982-11-08
·cited 37×
The court held that the district court erred in excluding the testimony of the defendants' expert witness, David Parcell.
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966 F.2d 707·
1st Cir.·
1992-06-10
·cited 36×
The court affirmed the convictions but remanded for resentencing for Nunez, finding insufficient evidence to support the upward adjustment for a supervisory role in the offense.
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933 F.2d 968·
11th Cir.·
1991-06-18
·cited 36×
The court held that the district court properly denied the motion to suppress, limited defense witness testimony, excluded polygraph evidence, and correctly refused to investigate agents' conduct.
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816 F.2d 805·
1st Cir.·
1987-04-21
·cited 36×
The court affirmed the conviction, holding that pre-arrest statements were admissible as the defendant was not in custody, and subsequent statements were admissible as they were voluntary and informed waivers after Miranda warnings. Co-conspirator statements and jury instructions
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621 F.2d 940·
9th Cir.·
1980-05-09
·cited 36×
The court held that the evidence supported a finding of a single fraudulent scheme, the admission of prior bad acts evidence was proper, and any errors were harmless.
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624 F.2d 29·
5th Cir.·
1980-08-13
·cited 35×
The court held that the district court did not clearly err in excluding extra-judicial declarations of alleged coconspirators against the defendant Perry due to insufficient independent evidence of his conspiracy membership.
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923 F.2d 1293·
8th Cir.·
1991-01-09
·cited 34×
The court held that the admission of co-conspirator statements, the exclusion of prior convictions for impeachment, the denial of severance motions, and the application of Sentencing Guidelines were proper, and any errors were harmless.
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882 F.2d 1511·
10th Cir.·
1989-08-14
·cited 34×
The court held that the trial court erred by failing to make contemporaneous findings required by the Speedy Trial Act for an "ends of justice" continuance, leading to dismissal of two counts. The court also found no presumption of prosecutorial vindictiveness for the superseding
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879 F.2d 945·
1st Cir.·
1989-06-29
·cited 34×
The court affirmed the convictions, finding no reversible error in the sufficiency of the evidence, the admission of co-conspirator statements, the denial of a motion to substitute counsel, the refusal to exclude the case agent, or the limitation of cross-examination.
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861 F.2d 571·
9th Cir.·
1988-11-16
·cited 34×
The court held that the district court erred in admitting the extrajudicial statements of an alleged co-conspirator because the independent evidence presented was insufficient to corroborate those statements and establish the defendant's connection to the conspiracy by a preponde
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853 F.2d 1512·
9th Cir.·
1988-08-11
·cited 34×
The court held that co-conspirator statements were admissible and that Zavala lacked standing to challenge the constitutionality of the statute as applied to others.
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758 F.2d 1198·
7th Cir.·
1985-04-01
·cited 34×
The court held that applying the stricter bail pending appeal standard under the Bail Reform Act of 1984 to crimes committed before its enactment does not violate the Ex Post Facto Clause.
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613 F.2d 391·
2d Cir.·
1979-12-28
·cited 34×
The court held that the acquittal on the conspiracy charge did not necessarily preclude conviction on the substantive importation charges, as a rational jury could have acquitted on conspiracy without finding innocence of importation.
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569 F.2d 406·
5th Cir.·
1978-03-10
·cited 34×
The court held that the defendant's arguments for reversal were unpersuasive, affirming the trial court's judgment.
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842 F.2d 1380·
2d Cir.·
1988-03-28
·cited 33×
The court held that surveillance tapes were admissible against a defendant as co-conspirator statements and that expert testimony regarding organized crime was admissible for background, affirming convictions.
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735 F.2d 1318·
11th Cir.·
1984-07-10
·cited 33×
Charles Griggs was convicted of conspiracy to pass counterfeit money following a second prosecution after his acquittal on passing charges in a first trial. The Eleventh Circuit reversed the conviction because the prosecutor impermissibly commented on Griggs' exercise of his Fift
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547 F.2d 1048·
8th Cir.·
1977-01-10
·cited 33×
The court held that hearsay statements by alleged coconspirators were admissible because sufficient independent evidence established their participation in the conspiracy, and a tape recording of a telephone conversation was properly admitted as circumstantial evidence of the def
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935 F.2d 1212·
11th Cir.·
1991-07-17
·cited 32×
The court held that the defendants' convictions for conspiracy to possess cocaine with intent to distribute were supported by sufficient evidence and that various procedural and sentencing issues raised on appeal lacked merit.
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829 F.2d 988·
10th Cir.·
1987-09-22
·cited 32×
The court held that the trial court did not err in denying the defendant's motions to sever, suppress wiretap evidence, disclose informants, admit post-arrest threat evidence, or in admitting co-conspirator statements.
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808 F.2d 319·
4th Cir.·
1986-12-29
·cited 32×
The court held that the district court did not abuse its discretion regarding discovery, continuances, witness testimony, or cross-examination limitations, but remanded for a Batson inquiry into potential jury exclusion.
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761 F.2d 292·
6th Cir.·
1985-05-03
·cited 32×
The good faith exception to the exclusionary rule does not apply when a warrant is based on an affidavit lacking sufficient indicia of probable cause, rendering official belief in its existence unreasonable.
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717 F.2d 1481·
4th Cir.·
1983-09-09
·cited 32×
The court held that the appellants' convictions were supported by sufficient evidence and that their procedural and evidentiary challenges lacked merit.
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738 F.2d 278·
8th Cir.·
1984-06-29
·cited 31×
The court held that statements made by a co-conspirator are admissible under the co-conspirator exception to the hearsay rule if independent evidence shows it is more likely than not that a conspiracy existed, and that admission of such statements, along with other challenged evi