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M.D. Fla.·
2023-02-15
The court held that the prisoner's motion to vacate his convictions and sentence under 28 U.S.C. § 2255 should be denied because his claims lack merit, are procedurally barred, or are procedurally defaulted.
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997 F.3d 1138·
11th Cir.·
2021-05-18
The court held that the district court did not err in applying a Sentencing Guidelines enhancement for possessing a firearm in connection with another felony offense, as the drug and firearm sales were sufficiently connected.
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908 F. Supp. 923·
S.D. Fla.·
1995-11-27
The court held that polygraph examination results are admissible to corroborate or impeach a witness's testimony, provided certain conditions under the Federal Rules of Evidence are met, and that a single polygraph result can be sufficient under FRE 608(a).
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999 F.2d 1334·
9th Cir.·
1993-06-30
The court held that the exclusion of the informant's and investigator's testimony was proper, and the defendant's due process rights were not violated. However, the sentence enhancement for obstruction of justice was vacated due to insufficient factual findings by the district co
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995 F.2d 982·
10th Cir.·
1993-06-07
The court held that the district court erred in admitting a prior food stamp conviction for impeachment purposes, but this error was harmless. The court also held that the district court did not err in failing to explicitly ascertain the defendant's consent to a stipulation, and
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993 F.2d 43·
4th Cir.·
1993-05-07
The court held that a defendant has an unqualified right to inspect jury lists to prepare a challenge to jury selection procedures, but that a witness's invocation of the Fifth Amendment on a collateral matter does not require striking their testimony.
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991 F.2d 1065·
2d Cir.·
1993-04-21
The court held that a district court's downward departure based on a defendant's low likelihood of recidivism was an impermissible basis for departure, as it was a characteristic of the defendant rather than their conduct.
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991 F.2d 574·
9th Cir.·
1993-04-16
The court held that the evidence was sufficient to support the conviction and that the ex parte contact between a law clerk and a juror did not violate due process rights, especially since no objection was raised below.
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990 F.2d 1035·
8th Cir.·
1993-04-08
The court held that the defendant's statements and the drugs found on her person were admissible because they were voluntary revelations, not the product of custodial interrogation requiring Miranda warnings.
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982 F.2d 42·
2d Cir.·
1992-12-10
The Double Jeopardy Clause bars prosecution of a conspiracy charge if it is the same offense as a previously acquitted conspiracy, but does not bar prosecution of substantive offenses, even if related to the acquitted conspiracy, unless the substantive offense relies on the barre
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981 F.2d 569·
1st Cir.·
1992-12-09
The court affirmed the district court's sentencing enhancements for firearm possession and obstruction of justice, and the denial of acceptance of responsibility, but vacated the imposition of costs for supervised release.
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979 F.2d 1350·
9th Cir.·
1992-11-18
The court held that a sixteen-month delay in preparing trial transcripts did not violate due process absent a showing of prejudice, and the trial court did not abuse its discretion in excluding a diagram offered for impeachment.
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978 F.2d 92·
3d Cir.·
1992-10-20
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975 F.2d 45·
2d Cir.·
1992-09-10
The court held that a defendant who procures a witness's unavailability waives confrontation and hearsay objections, and that the jury instructions regarding the lawful conduct defense were adequate.
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967 F.2d 1032·
5th Cir.·
1992-07-27
The court held that the warrantless arrest was justified by exigent circumstances, the informants' statements were not hearsay, and the prosecution did not violate discovery rules, thus affirming the conviction.
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967 F.2d 81·
2d Cir.·
1992-06-17
The court held that the government presented sufficient evidence to prove the substance was heroin, despite a gap in the chain of custody, because the chemist's testimony was relevant and other evidence supported the jury's finding.
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964 F.2d 908·
9th Cir.·
1992-05-15
The court held that allowing unredacted transcripts into evidence and the jury room, and denying discovery of unrelated audio tapes, did not constitute an abuse of discretion.
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957 F.2d 38·
1st Cir.·
1992-02-21
The court held that the district court did not abuse its discretion in admitting the plastic bag into evidence, as its chain of custody was sufficiently established.
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947 F.2d 737·
5th Cir.·
1991-11-07
The court held that the district court's finding of consent to record a conversation was not clearly erroneous and affirmed the convictions.
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909 F.2d 1222·
8th Cir.·
1990-08-01
The court held that the vehicle stop was based on reasonable suspicion derived from the totality of circumstances known to the officers, and that the necessity defense is inapplicable to drug addiction.
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891 F.2d 247·
9th Cir.·
1989-12-08
The court held that the district court must hold a hearing to determine the voluntariness of the defendant's second confession, as the circumstances surrounding it may have involved official coercion.
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869 F.2d 121·
2d Cir.·
1989-02-22
The court held that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in denying the distribution of trial transcript portions to the jury.
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833 F.2d 523·
5th Cir.·
1987-11-23
The court held that the defendants' convictions for possession with intent to distribute heroin were supported by overwhelming evidence and that their claims of entrapment, improper informant payment, and unreliable transcripts were without merit.
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698 F.2d 560·
2d Cir.·
1983-01-05
The court held that the defendant should have been given a fair opportunity to question a witness at the suppression hearing regarding alleged falsehoods in a search warrant affidavit.
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636 F.2d 761·
D.C. Cir.·
1980-11-24
The court held that the seizure of the black purse from the car was permissible under the automobile exception and its search was justified by the plain view doctrine, and evidentiary rulings were not erroneous.
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602 F.2d 458·
1st Cir.·
1979-06-28
The court held that the initial opening of the package by airline personnel was not government action subject to the Fourth Amendment, and that any inaccuracies in the search warrant affidavit were made in good faith and did not invalidate the warrant. The warrantless entry into
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584 F.2d 110·
5th Cir.·
1978-11-17
The court held that the evidence presented was sufficient for conviction on all three counts, and therefore affirmed the conviction.
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564 F.2d 306·
9th Cir.·
1977-11-08
The court held that the evidence was not obtained as a result of an illegal border detention and affirmed the conviction.
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496 F.2d 887·
2d Cir.·
1974-04-26
The court held that there was sufficient evidence to convict the appellant of drug offenses, despite his claim that the alleged acts occurred while he was incarcerated.