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978 F.2d 92·
3d Cir.·
1992-10-20
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975 F.2d 672·
9th Cir.·
1992-09-22
The court held that the trial court's finding of an absence of good faith in deporting material witnesses, despite ambiguity, was sufficient to meet the standard for dismissal.
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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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973 F.2d 852·
10th Cir.·
1992-08-24
The court held that the admission of an informant's statement for a non-hearsay purpose was proper, the evidence was sufficient to link the defendant to the charged transactions, and the district court did not err in including drugs found during a traffic stop in the sentencing c
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966 F.2d 918·
5th Cir.·
1992-07-02
The court held that while evidence was sufficient to support convictions for conspiracy and most telephone counts, it was insufficient to support the money laundering conviction and one specific telephone count.
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966 F.2d 1362·
10th Cir.·
1992-06-15
The court held that there was sufficient evidence to support the defendant's convictions for conspiracy to possess with intent to distribute, and possession with intent to distribute, crack cocaine.
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966 F.2d 64·
2d Cir.·
1992-06-02
A guilty plea waives the right to challenge the legality of a search, thereby precluding a subsequent claim that an evidentiary hearing was required to determine if evidence was seized to enhance a sentence.
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968 F.2d 146·
2d Cir.·
1992-05-29
The court held that the district court did not abuse its discretion in refusing to submit blank-line special interrogatories to the jury in a complex Continuing Criminal Enterprise case.
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964 F.2d 21·
D.C. Cir.·
1992-05-29
A defense lawyer must lay an evidentiary foundation before arguing that the absence of fingerprint evidence implies that such evidence could have been obtained and would have been exculpatory.
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965 F.2d 617·
8th Cir.·
1992-05-27
The court held that items previously discovered by lawful means are admissible even if later seized during an illegal search, and that a harsher sentence after retrial is permissible if not motivated by vindictiveness.
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962 F.2d 439·
5th Cir.·
1992-05-26
The court held that the trial court abused its discretion by failing to poll the jury regarding a highly prejudicial newspaper article published during the trial.
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963 F.2d 41·
3d Cir.·
1992-05-06
The court held that a defendant can be convicted of aiding and abetting possession with intent to distribute if they procure customers and maintain the market, even without direct participation in obtaining or holding the drugs.
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961 F.2d 1265·
7th Cir.·
1992-04-14
The court held that exigent circumstances justified law enforcement officers disregarding the "knock and announce" requirement when executing a search warrant.
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961 F.2d 836·
9th Cir.·
1992-04-09
The mandatory minimum penalties established for possession of cocaine with intent to distribute under 21 U.S.C. § 841 apply to conspiracy to commit that offense under 21 U.S.C. § 846.
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960 F.2d 55·
8th Cir.·
1992-03-16
A district court may be guided by the Sentencing Guidelines when imposing a pre-Guidelines sentence, provided the sentence is within statutory limits and the defendant has an opportunity to rebut information considered.
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958 F.2d 770·
7th Cir.·
1992-03-16
The court held that the evidence was sufficient to support the conspiracy conviction and that the arrest was based on probable cause.
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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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952 F.2d 616·
1st Cir.·
1991-12-30
The court held that the United States Coast Guard had jurisdiction to board the Panamanian-flagged vessel in international waters based on a Statement of No Objection (SNO) obtained from the State Department, and that sufficient evidence supported the conviction for possession wi
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952 F.2d 285·
9th Cir.·
1991-12-20
The court held that the Miranda warnings were adequate and there was sufficient evidence to support the conviction.
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949 F.2d 956·
8th Cir.·
1991-11-19
The court held that the pre-arrest detention of the appellant was supported by probable cause, thus it was not a de facto arrest violating the Fourth Amendment.
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947 F.2d 1268·
5th Cir.·
1991-11-18
The court held that there was insufficient evidence to support Clifton Skillern's conviction for conspiracy to possess cocaine with intent to distribute. The court affirmed Steven Skillern's conviction and the admission of a drug ledger as harmless error.
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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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946 F.2d 1354·
8th Cir.·
1991-10-11
The court held that the defendant's sentence was valid despite disparity with his codefendant, and that the trial court did not err in admitting evidence or denying his request for witnesses.
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946 F.2d 1330·
8th Cir.·
1991-09-26
The court affirmed the conviction and sentence, rejecting the defendant's constitutional claims and other arguments.
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945 F.2d 1145·
10th Cir.·
1991-09-23
The Double Jeopardy Clause prohibits a subsequent conviction and sentence for possession of a controlled substance when the same possession was used to increase the defendant's sentence in a prior proceeding. However, it does not prohibit a conviction for being a felon in possess
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939 F.2d 605·
8th Cir.·
1991-07-25
The court held that the district court did not err in overruling the Batson objection or in refusing to give lesser included offense instructions.
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934 F.2d 1224·
11th Cir.·
1991-07-01
The court held that while the warrantless seizure of handguns from the defendant's home was erroneous, the error was harmless regarding the convictions, and the exclusionary rule does not apply to sentencing proceedings, thus affirming the convictions and sentences.
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934 F.2d 595·
5th Cir.·
1991-06-12
The court held that the trial judge did not abuse discretion in excluding evidence of Sri Lankan ignorance of cocaine, there was sufficient evidence for conviction, and the prosecutor's comment was an invited response.
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931 F.2d 671·
10th Cir.·
1991-04-29
The court held that the evidence was sufficient to support the defendant's convictions for drug distribution, possession with intent to distribute, and firearm use in furtherance of drug trafficking. The court also found no fatal variance between the indictment and the evidence p
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930 F.2d 824·
10th Cir.·
1991-04-19
The court held that the evidence was sufficient to support the jury's verdict of guilt, but vacated the fine imposed for costs of incarceration and supervised release.
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924 F.2d 800·
9th Cir.·
1991-01-30
The court held that the district court did not err in calculating the offense level based on the actual quantity of drugs involved or in departing from the guidelines based on the number and dangerousness of weapons found, and the sentence did not violate double jeopardy.
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920 F.2d 167·
2d Cir.·
1990-12-03
The court affirmed the convictions, finding sufficient evidence and rejecting claims of sentencing errors and ineffective assistance of counsel.
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917 F.2d 11·
8th Cir.·
1990-10-19
The court held that a district court is not required to make a specific finding on acceptance of responsibility if the defendant did not specifically object to the presentence report's recommendation on that issue.
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916 F.2d 563·
9th Cir.·
1990-10-12
The court held that the defendant's conspiracy offense qualified as a 'drug trafficking crime' under the pre-amendment definition of 18 U.S.C. § 924(c)(2), and that the statute's mandatory minimum sentence provision does not violate the separation of powers.
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909 F.2d 1517·
D.C. Cir.·
1990-08-03
The court held that possessing the same controlled substance in different forms at the same time and place constitutes a single offense, not multiple offenses.
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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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900 F.2d 779·
4th Cir.·
1990-04-10
The court held that the government improperly bolstered the credibility of its paid informant with inadmissible extrinsic evidence and improper jury argument, and that evidence regarding the reason the defendant was targeted was irrelevant and prejudicial.
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893 F.2d 1267·
11th Cir.·
1990-02-07
An isolated act which simultaneously violates two statutes can demonstrate the continuity necessary to establish a pattern of racketeering activity under RICO.
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894 F.2d 13·
1st Cir.·
1990-01-23
The court held that the defendant's involvement in the criminal enterprise continued past the statute of limitations period and that the prosecutor's comment was a fair response to defense counsel's argument.
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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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884 F.2d 174·
5th Cir.·
1989-09-07
The court held that there was sufficient evidence to establish that the defendant carried a firearm 'in relation to' a drug trafficking offense and that the indictment fairly imported the essential elements of the charged offense.
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877 F.2d 23·
9th Cir.·
1989-06-07
The court held that a special parole term imposed under 21 U.S.C. § 841(b)(1)(A) was valid, even if the statute was later amended or if the district court misstated a statutory reference, as long as the term was authorized and the defendant was not prejudiced.
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869 F.2d 488·
9th Cir.·
1989-03-06
The court held that the district court correctly denied the defendants' suppression motions and affirmed their convictions and sentences.
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860 F.2d 1034·
11th Cir.·
1988-11-28
The evidence was sufficient to prove beyond a reasonable doubt that the amount of cocaine involved was 500 grams or more, triggering the enhanced penalty provisions.
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694 F. Supp. 858·
S.D. Fla.·
1988-08-18
The Court accepted the Magistrate's Report and Recommendation, denying the Defendant's Motion to Dismiss the Indictment.
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856 F.2d 1020·
8th Cir.·
1988-08-15
The court held that the evidence was sufficient to convict the defendant of distribution, possession with intent to distribute, and conspiracy, and that his statements were properly admitted.
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852 F.2d 1068·
8th Cir.·
1988-07-29
The court held that fingerprint evidence was admissible to connect the defendant to the offense and that pretrial detention was proper under the Bail Reform Act.
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852 F.2d 366·
8th Cir.·
1988-07-26
The court held that the evidence was sufficient to support the conviction and that the district court did not err in its rulings.
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851 F.2d 12·
1st Cir.·
1988-07-08
The court held that the appellants' convictions were valid, rejecting claims of Fifth Amendment violations and insufficient evidence.
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849 F.2d 910·
5th Cir.·
1988-07-01
The court held that the Border Patrol agents' actions of removing, compressing, and smelling the defendant's luggage did not constitute an unlawful search or seizure under the Fourth Amendment.