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715 F.2d 145·
4th Cir.·
1983-08-22
·cited 24×
The court held that the trial court did not err in denying the appellant's motion to require the prosecution to articulate non-biased rationale for peremptory strikes, nor in admitting photographic evidence, and that the evidence was sufficient to sustain the convictions.
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857 F.2d 519·
9th Cir.·
1988-08-30
·cited 23×
The court held that the defendant's convictions for witness tampering and conspiracy to obstruct justice were affirmed, but convictions for bribery, conspiracy to commit bribery, extortion, and conspiracy to commit extortion were reversed.
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971 F.2d 1441·
10th Cir.·
1992-07-31
·cited 22×
The court affirmed the convictions and sentences for bank fraud, false statements, mail fraud, and money laundering, finding sufficient evidence and rejecting claims of double jeopardy and improper jury instructions, except for the fines imposed under the Sentencing Guidelines.
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950 F.2d 1309·
7th Cir.·
1991-12-19
·cited 22×
The court affirmed convictions for conspiracy to commit bank robbery and solicitation, and affirmed the sentences imposed, finding sufficient evidence, rejecting entrapment defenses, and upholding sentencing enhancements.
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945 F.2d 1096·
9th Cir.·
1991-09-25
·cited 22×
The court held that a district court may depart downward from the Sentencing Guidelines based on a defendant's "youthful lack of guidance," and that the extent of the departure in this case was reasonable.
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936 F.2d 184·
5th Cir.·
1991-07-09
·cited 22×
The court held that the trial court did not abuse its discretion in admitting evidence of a prior smuggling attempt, and that the evidence was sufficient to support the conviction.
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930 F.2d 1375·
9th Cir.·
1991-04-04
·cited 22×
The court held that the trial court abused its discretion by denying a motion for substitute counsel without inquiry, warranting reversal of the conviction. It also held that the denial of a continuance due to a superseding indictment prejudiced the defendant, requiring reversal
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779 F.2d 1228·
7th Cir.·
1985-12-05
·cited 22×
The court affirmed the convictions, holding that sufficient evidence existed to prove criminal intent for violating export laws and that the search warrant affidavit was valid.
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770 F.2d 1447·
9th Cir.·
1985-09-10
·cited 22×
The court held that the defendant's prior non-immunized statements provided an independent source for evidence, and that the indictment was not fatally varied from the proof presented at trial.
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704 F.2d 1213·
11th Cir.·
1983-05-09
·cited 22×
Fingerprint evidence alone, under proper circumstances, can be sufficient to sustain a burglary conviction against a constitutional challenge for sufficiency of evidence. A prosecutor's comment on the lack of defense evidence, rather than the defendant's failure to testify, is no
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699 F.2d 256·
5th Cir.·
1983-03-04
·cited 22×
The court held that the trial court's exclusion of the police report, while potentially an error under state law, did not violate due process because the defendant was offered alternative means to present the exculpatory evidence, which he declined.
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634 F.2d 117·
3d Cir.·
1980-11-07
·cited 22×
The court held that the appellant failed to exhaust available state judicial remedies for his claims, thus the district court's denial of his Petition for Writ of Habeas Corpus is affirmed.
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920 F.2d 1028·
D.C. Cir.·
1990-12-11
·cited 21×
The court held that while the search warrant was overbroad, the evidence seized is admissible under the good faith exception to the exclusionary rule, and there was sufficient evidence to support the wire fraud and false personation convictions.
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897 F.2d 1368·
6th Cir.·
1990-03-01
·cited 21×
The court held that the admission of hearsay testimony regarding the defendant's prior criminal acts was improper and violated the Confrontation Clause, and that this error was not harmless.
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764 F.2d 548·
9th Cir.·
1985-03-29
·cited 21×
The court held that the trial court abused its discretion by denying the defendant's motion to recuse the prosecutor, who was a material witness, and that the prosecutor's summation contained prejudicial misconduct. The court also held that the defendant's statements regarding an
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916 F.2d 497·
9th Cir.·
1990-08-29
·cited 20×
The court should reverse the conviction because the evidence is insufficient to prove guilt beyond a reasonable doubt.
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911 F.2d 1422·
10th Cir.·
1990-08-15
·cited 20×
The court affirmed the convictions, holding that the Speedy Trial Act exclusions were properly applied and that the Sixth Amendment speedy trial rights were not violated. The evidence was also sufficient to support the convictions.
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895 F.2d 293·
7th Cir.·
1989-07-12
·cited 20×
The court held that the district court did not err in denying the defendant's motions related to the Speedy Trial Act, continuances, and evidentiary rulings, and that sufficient evidence supported the tax evasion conviction.
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854 F.2d 710·
5th Cir.·
1988-08-29
·cited 20×
The court affirmed the mail fraud convictions but reversed parts of the restitution order, specifically prejudgment interest and the portion against Rico Industries. The case was remanded for clarification regarding a civil settlement's impact on restitution.
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844 F.2d 1132·
5th Cir.·
1988-04-29
·cited 20×
The court held that the defendant's confession was voluntary and the evidence was sufficient to sustain the conviction, affirming the denial of federal habeas relief.
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832 F.2d 1465·
7th Cir.·
1987-11-06
·cited 20×
The court held that the evidence was sufficient to support the conviction for filing false tax returns, and the trial court did not err in refusing a jury instruction on the government's duty to investigate leads.
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764 F.2d 647·
9th Cir.·
1985-06-25
·cited 20×
The court held that the evidence was sufficient to support the conviction, the district court did not abuse its discretion in admitting the appellant's statements and financial records, and the transfer of evidence from Customs to the DEA was valid.
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633 F.2d 972·
1st Cir.·
1980-11-12
·cited 20×
The court held that the evidence was sufficient to support the conviction and that evidentiary rulings and denials of procedural rights were not grounds for reversal.
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631 F.2d 114·
9th Cir.·
1980-10-22
·cited 20×
The court held that a wilderness officer is a "field service" employee covered by 18 U.S.C. § 1114, and that there was sufficient evidence to find the officer was performing his duties when assaulted.
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974 F.2d 201·
D.C. Cir.·
1992-09-15
·cited 18×
The court held that a jury could not reasonably find beyond a reasonable doubt that the defendant possessed his weapon for the purpose of protecting his drug possession activity.
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941 F.2d 761·
9th Cir.·
1991-07-30
·cited 18×
The court held that a defendant cannot be forced to waive their right to appeal or risk retrial by admitting guilt to receive a sentencing reduction for acceptance of responsibility.
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788 F.2d 400·
6th Cir.·
1986-04-18
·cited 18×
The court held that the circumstantial evidence was sufficient to support the second-degree murder conviction, the prosecutor's comments were not an unconstitutional violation of the Fifth Amendment, the trial court's handling of jury transcript requests did not deny due process,
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775 F.2d 979·
8th Cir.·
1985-10-21
·cited 18×
The court held that Fryer's habeas corpus petition was properly denied because the evidence was sufficient for conviction, the prosecution did not suppress material exculpatory evidence, his confession was voluntary, the voluntariness hearing was constitutionally adequate, and th
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671 F.2d 1056·
7th Cir.·
1982-03-05
·cited 18×
A federal court may deny a habeas corpus petition without ordering a response if the petition, on its face, fails to allege facts showing a constitutional violation.
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879 F.2d 888·
D.C. Cir.·
1989-07-11
·cited 17×
The court held that the indictment was valid under the extradition treaty and that the evidence was sufficient to support the conviction.
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934 F.2d 1114·
10th Cir.·
1991-05-24
·cited 16×
The court affirmed the defendant's convictions, finding that the joinder of offenses was proper, the evidence was sufficient, and the sentencing calculations were largely correct.
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925 F.2d 1049·
7th Cir.·
1991-02-22
·cited 16×
The court affirmed the convictions, finding sufficient evidence for robbery and aggravated robbery, and that the admission of gang evidence and prosecution's summation remarks were not improper.
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925 F.2d 154·
6th Cir.·
1991-02-04
·cited 16×
The court held that the evidence was sufficient to support convictions for engaging in a continuing criminal enterprise (CCE) and that jury instructions regarding unanimity on the identities of supervised persons were not required. However, conspiracy convictions must be vacated
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880 F.2d 896·
7th Cir.·
1989-07-12
·cited 16×
The court held that there was sufficient evidence to support the defendant's convictions for extortion and racketeering, and that the trial court did not abuse its discretion in its evidentiary rulings.
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728 F.2d 1132·
8th Cir.·
1984-03-02
·cited 16×
The court held that the evidence was sufficient to support the defendant's convictions for misapplication of bank funds and conspiracy, as a rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt.
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906 F.2d 615·
11th Cir.·
1990-07-23
·cited 15×
The court affirmed the convictions and sentences, finding sufficient evidence to establish a RICO enterprise and convict appellants of substantive narcotics offenses, and rejecting claims of pre-indictment delay prejudice and abuse of discretion in refusing jury testimony.
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842 F.2d 968·
7th Cir.·
1988-03-29
·cited 15×
The court held that the district court did not err in admitting testimony regarding the defendant's business dealings, that there was sufficient evidence to convict on two counts, and that the determination of materiality of false statements under 18 U.S.C. § 1014 is a question o
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948 F.2d 392·
7th Cir.·
1991-11-22
·cited 14×
The court held that the evidence was sufficient to support the defendant's conviction for conspiracy to distribute cocaine and that his Sixth Amendment right to confrontation was not violated by limitations on cross-examination.
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927 F.2d 999·
7th Cir.·
1991-03-20
·cited 14×
The court held that while the district court erroneously admitted a co-conspirator's statement, the error was harmless because other substantial evidence proved the defendant's guilt beyond a reasonable doubt.
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878 F.2d 825·
5th Cir.·
1989-07-18
·cited 14×
The court held that there was sufficient evidence to prove mail fraud but that the district court failed to comply with sentencing rule requirements.
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869 F.2d 1008·
7th Cir.·
1989-02-15
·cited 14×
The court held that Wisconsin's limitation on the attorney-client privilege, allowing a psychiatrist retained by the defense to testify for the prosecution, does not violate the Sixth Amendment right to counsel, and that any evidentiary errors were harmless.
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805 F.2d 1372·
9th Cir.·
1986-12-09
·cited 14×
A person who fraudulently induces an employee of a federally insured savings and loan association to transfer depositor funds to an uninsured bank account with intent to convert is guilty of theft under 18 U.S.C. § 2113(b), and the proceeds of such fraud are subject to 18 U.S.C.
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798 F.2d 1062·
7th Cir.·
1986-08-19
·cited 14×
The court held that the defendant received a fundamentally fair trial, and the district court's denial of his habeas corpus petition was affirmed.
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771 F.2d 235·
7th Cir.·
1985-08-19
·cited 14×
The court held that there was sufficient evidence to support the conviction and that the trial court did not abuse its discretion in admitting certain evidence or in its jury instructions.
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954 F.2d 1187·
6th Cir.·
1992-01-27
·cited 13×
A bare check-kiting scheme can constitute bank fraud under 18 U.S.C. § 1344(1) as a scheme to defraud, and the evidence supported the conviction.
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895 F.2d 1135·
6th Cir.·
1990-02-12
·cited 13×
The court held that there was substantial evidence to support the defendants' convictions for their roles in a fraudulent medical clinic's operation, affirming the district court's judgments.
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887 F.2d 1341·
9th Cir.·
1989-10-13
·cited 13×
The court held that a conspiracy charge under the Lacey Act can be based on conduct that should have been known to be illegal, even if not knowingly illegal, and that the federal statute of limitations applies to Lacey Act violations.
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938 F.2d 1553·
2d Cir.·
1991-07-16
·cited 12×
The court held that under precedent, a prior acquittal does not preclude the conduct from serving as a RICO predicate act, and the dual sovereignty doctrine defeats a double jeopardy challenge.
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892 F.2d 556·
7th Cir.·
1989-12-22
·cited 12×
The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, missing photographs, and insufficient evidence did not warrant habeas corpus relief.
-
885 F.2d 195·
4th Cir.·
1989-09-19
·cited 12×
A defendant convicted under 21 U.S.C. § 848 for a continuing criminal enterprise cannot also be convicted for conspiracy charges that served as predicate offenses for the CCE conviction. The court affirmed the CCE conviction but vacated the conspiracy convictions.