Federal Rules Of Criminal Procedure Rule 7(C)

113 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Millican
  600 F.2d 273· 5th Cir.· 1979-08-02 ·cited 22×
  A defendant's conviction will not be vacated due to procedural defects in bringing them before the court, such as the denial of a probable cause hearing, if the conviction itself is otherwise valid.
• United States v. Jones
  464 F.2d 1118· 8th Cir.· 1972-08-14 ·cited 22×
  The court held that the indictment was sufficient, the evidence supported the conviction for using false documents in a federal matter, and the jury instructions, when viewed as a whole, did not constitute plain error.
• Call v. United States
  265 F.2d 167· 4th Cir.· 1959-04-06 ·cited 22×
  A conviction for conspiracy to violate 18 U.S.C. § 1001 requires evidence that the defendant knew of the conspiracy to file false reports, not just that they participated in a transaction that was ultimately misrepresented.
• United States v. Bickford
  168 F.2d 26· 9th Cir.· 1948-05-11 ·cited 22×
  The court held that the indictment was sufficient to state a public offense and that the lower court erred in dismissing the proceeding.
• Fay Heasley v. United States
  218 F.2d 86· 8th Cir.· 1955-01-13 ·cited 20×
  The court held that the indictment was sufficient, the net worth summarization was admissible, and the jury instructions were correct, leading to the affirmation of the conviction.
• United States v. Midland Asphalt Corp. & Albert C. Litteer
  840 F.2d 1040· 2d Cir.· 1988-02-09 ·cited 18×
  An order denying a motion to dismiss an indictment for alleged violations of Federal Rule of Criminal Procedure 6(e) is not subject to interlocutory appellate review because it is likely appealable after a final conviction.
• Young v. United States
  288 F.2d 398· D.C. Cir.· 1961-03-16 ·cited 18×
  The court held that the indictment's first count was not fatally defective for failing to name the intended robbery victim, and that the two counts charged separate offenses.
• Cefalu v. United States
  234 F.2d 522· 10th Cir.· 1956-05-15 ·cited 18×
  The court held that a conspiracy indictment need not name specific jurors or friends to be influenced, only the agreement and overt act.
• United States v. Bennett Goldberg
  225 F.2d 180· 8th Cir.· 1955-08-08 ·cited 18×
  The majority opinion held that the regulation prohibiting the reuse of liquor containers was intended to apply only to the addition of other taxable substances, not water.
• Morland v. United States
  193 F.2d 297· 10th Cir.· 1951-12-06 ·cited 18×
  The court held that a defendant cannot claim denial of a speedy trial when the delay was caused by their own incarceration and failure to assert their rights. The court also held that an indictment is not void for omitting a statutory citation.
• Snowden v. United States
  384 F.2d 357· 5th Cir.· 1967-10-16 ·cited 16×
  The court held that an indictment for unlawful sale of narcotics is sufficient even if it does not identify the purchaser, and that prosecutorial remarks and jury instructions were not erroneous.
• Neville v. United States
  272 F.2d 414· 5th Cir.· 1959-11-03 ·cited 16×
  The court held that indictments for counterfeiting offenses do not need to set forth the counterfeit instruments, as long as they sufficiently advise the defendant of the charge and prevent double jeopardy.
• United States v. Negro
  164 F.2d 168· 2d Cir.· 1947-11-05 ·cited 16×
  The court held that a variance between an alleged overt act and a proved overt act is not a fatal defect in a conspiracy charge, and that the failure to object to a jury instruction at trial waives the right to raise the issue on appeal unless it is egregious.
• Kersten v. United States
  161 F.2d 337· 10th Cir.· 1947-05-06 ·cited 16×
  The court held that the defendant's convictions for selling used cars above ceiling prices were valid, as the Emergency Price Control Act was extended and the information's failure to cite the extension act did not mislead the defendant.
• Moorman v. United States
  389 F.2d 27· 5th Cir.· 1968-01-24 ·cited 15×
  The court held that an erroneous citation in an indictment is not grounds for dismissal if the defendant was not misled, and that the evidence was sufficient to support the jury's guilty verdicts on all counts.
• United States v. Eichhorst
  544 F.2d 1383· 7th Cir.· 1976-11-12 ·cited 14×
  The court held that the adequacy of notice in criminal contempt proceedings, even when initiated by indictment, is governed by Federal Rule of Criminal Procedure 42(b), not the standards for indictment sufficiency.
• United States v. Maryland Nance, Jr.
  533 F.2d 699· D.C. Cir.· 1976-03-18 ·cited 14×
  The court held that the false pretense counts in the indictment were fatally defective for failing to specify the false representations made, and thus should have been dismissed.
• United States v. Milford E. Cook
  497 F.2d 753· 9th Cir.· 1972-08-23 ·cited 14×
  The dissenting judge argues that the majority opinion fails to recognize the unique nature of perjury prosecutions and improperly applies legal standards, leading to a potentially unfair trial for the defendant.
• United States v. Pope
  409 F.2d 371· 7th Cir.· 1969-03-18 ·cited 14×
  The court held that the indictment was sufficient, the evidence was sufficient to support the guilty verdict, and the trial court did not abuse its discretion in its rulings or instructions.
• United States v. Hyman Greenberg
  320 F.2d 467· 9th Cir.· 1963-07-05 ·cited 14×
  A complaint filed with a Commissioner to toll the statute of limitations must establish probable cause, even when a summons is issued instead of an arrest warrant.
• United States v. Debrow
  203 F.2d 699· 5th Cir.· 1953-04-10 ·cited 14×
  The court held that the name and authority of the person administering the oath are not essential elements of perjury that must be stated in the indictment.
• Donnelly v. United States
  185 F.2d 559· 10th Cir.· 1950-11-29 ·cited 14×
  The court held that the indictment was legally sufficient and the district court had jurisdiction to accept a guilty plea and impose a life sentence.
• United States v. Lani M. Brozyna
  571 F.2d 742· 2d Cir.· 1978-02-10 ·cited 12×
  The court held that the indictment's charge of "acquisition" of a firearm encompassed "attempted acquisition," and thus there was no fatal variance between the indictment and the proof. The court also held that the denial of severance was not an abuse of discretion.
• United States v. Hand
  497 F.2d 929· 5th Cir.· 1974-07-26 ·cited 12×
• United States v. Lewis Food Co., Inc.
  366 F.2d 710· 9th Cir.· 1966-09-22 ·cited 12×
  The court held that the indictment sufficiently stated an offense under 18 U.S.C. § 610, as the advertisement's content could be construed as influencing voters, and the use of general corporate funds and lack of stockholder consent were factual issues, not grounds for dismissal.
• United States v. Gasoline Retailers Ass'n, Inc.
  285 F.2d 688· 7th Cir.· 1961-01-12 ·cited 12×
  An agreement among competitors to stabilize local retail gasoline prices by eliminating price advertising and prohibiting premiums constitutes a per se violation of the Sherman Act and affects interstate commerce.
• United States v. Fleming
  526 F.2d 191· 8th Cir.· 1975-11-17 ·cited 10×
  The court held that the indictment was not impermissibly vague and should be reinstated.
• United States v. Marra
  481 F.2d 1196· 6th Cir.· 1973-07-24 ·cited 10×
  The court held that the indictment was sufficiently specific and that the defendant was not misled into providing incriminating evidence by IRS agents, thus affirming the denial of his pretrial motions.
• United States v. Luis
  418 F.2d 439· 5th Cir.· 1969-11-07 ·cited 10×
  A conviction for bail jumping under 18 U.S.C. § 3150 is valid even if the indictment cites the wrong statutory basis for release, provided the defendant was not misled to their prejudice.
• United States v. Strauss
  285 F.2d 953· 5th Cir.· 1960-12-23 ·cited 10×
  The indictment failed to sufficiently allege a violation of 18 U.S.C. § 152, paragraph 6, because it did not identify specific property of the bankrupt corporation that was fraudulently transferred.
• United States v. Herschel Forrest Jackson
  235 F.2d 925· 8th Cir.· 1956-08-07 ·cited 10×
  The court held that the indictment sufficiently stated an offense under 18 U.S.C. § 242, as it alleged actions taken under color of state law that willfully deprived an inhabitant of constitutionally protected rights.
• Soper v. United States
  220 F.2d 158· 9th Cir.· 1955-03-08 ·cited 10×
  The court held that the denial of the motion to dismiss the indictment and the overruling of objections to testimony regarding the weapon were proper, and the evidence was sufficient to sustain the conviction.
• Gov't OF the Virgin Islands v. Pemberton
  813 F.2d 626· 3d Cir.· 1987-03-13 ·cited 9×
  The court held that the delay in bringing the defendant to trial did not violate his Sixth Amendment speedy trial rights, and that the information was defective for failing to specify the intended offense.
• United States v. Mills
  835 F.2d 1262· 8th Cir.· 1987-12-31 ·cited 8×
  The court held that the indictment was sufficient, cumulative punishments were permissible, and the evidence supported the jury's findings of guilt.
• United States v. Zeehandelaar
  498 F.2d 352· 2d Cir.· 1974-05-15 ·cited 8×
  The court held that the defendant was denied a fair trial due to confusion regarding the indictment and the improper admission of hearsay testimony without a limiting instruction.
• United States v. Glup
  482 F.2d 1288· 8th Cir.· 1973-08-13 ·cited 8×
  The court held that the indictment was sufficient because it contained the essential elements of the offense and adequately informed the defendant of the charges against him.
• United States v. Ewald Percival van West
  455 F.2d 958· 1st Cir.· 1972-02-18 ·cited 8×
  The court held that a miscitation of a statute in an indictment is not grounds for reversal if the defendant was not misled to his prejudice.
• United States v. Farabee
  411 F.2d 1210· 5th Cir.· 1969-05-20 ·cited 8×
  The court held that the indictment was sufficient because it tracked the language of the statute and provided adequate factual information to the defendant.
• Darrel Paul Giraud v. United States
  348 F.2d 820· 9th Cir.· 1965-07-26 ·cited 8×
  The court held that an indictment charging a defendant as a principal is sufficient to support a conviction for aiding and abetting, even if aiding and abetting is not explicitly pleaded. However, convictions for taking mail from the post office require proof that the mail was in
• United States v. Garrison
  280 F.2d 493· 7th Cir.· 1960-06-29 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdicts of guilty for conspiracy and mail fraud, and that the trial court did not err in denying motions for acquittal, mistrial, or in its jury instructions.
• Cathcart v. United States
  244 F.2d 74· 10th Cir.· 1957-04-26 ·cited 8×
  The court held that the information sufficiently alleged a cognizable offense under the statute and was not duplicitous.
• United States v. Smith
  232 F.2d 570· 3d Cir.· 1956-04-27 ·cited 8×
  A conviction cannot be sustained if the indictment fails to state facts sufficient to constitute the offense charged, especially when it cites a repealed statute and fails to provide adequate notice of the crime.
• Babb v. United States
  210 F.2d 473· 5th Cir.· 1954-02-23 ·cited 8×
  The court held that the indictment was sufficient and that evidence obtained from seizures, even for a different crime, was admissible if relevant. The court also found that the trial court did not abuse its discretion in denying motions for dismissal, bill of particulars, or con
• United States v. Northeast Texas Chapter
  181 F.2d 30· 5th Cir.· 1950-03-24 ·cited 8×
  The court held that the indictment sufficiently stated essential facts constituting an offense under the Sherman Act and that joinder of offenses and defendants was proper.
• United States v. Seeger
  303 F.2d 478· 2d Cir.· 1962-05-18 ·cited 7×
  An indictment for contempt of Congress under 2 U.S.C.A. § 192 is defective if it fails to accurately allege the source of the subcommittee's authority to conduct the investigation.
• Bush v. United States
  338 F.2d 400· 9th Cir.· 1964-11-02 ·cited 6×
  The court held that an indictment for selling narcotics without a written order or from an unstamped package is not defective for failing to name the purchaser, as long as it otherwise sufficiently apprises the defendant of the charges.
• Cochran v. United States
  336 F.2d 799· 6th Cir.· 1964-10-02 ·cited 6×
  The court held that the District Judge's opinion adequately addressed the petitioner's claims and that the indictment was sufficient.
• United States v. Yellin
  287 F.2d 292· 7th Cir.· 1961-02-16 ·cited 6×
  A defendant's mistaken belief that he has a right to refuse to answer questions before a congressional committee does not negate the willfulness of his deliberate refusal, and the court properly excluded expert testimony on the balancing of public and private interests as a legal
• United States v. Aurelius Wilson Brown
  284 F.2d 89· 4th Cir.· 1960-11-21 ·cited 6×
  The court held that the evidence was sufficient to support the guilty verdict and that a miscitation of a statute in the indictment did not prejudice the defendant.
• Morales v. United States
  278 F.2d 598· 1st Cir.· 1960-05-20 ·cited 6×
  An indictment's erroneous statutory citation is not grounds for vacating a sentence if the defendant was not misled to his prejudice and the indictment properly charges an offense under existing law.