United States v. Nestor Londono, 959 F.2d 245 (10th Cir. 1992). · Go Syfert
United States v. Nestor Londono, 959 F.2d 245 (10th Cir. 1992). Cases Citing This Book View Copy Cite
44 citation events (11 in the last 25 years) across 14 distinct courts.
Strongest positive: North American Company for Life and Health Insurance v. Moua (arwd, 2023-04-20) · Strongest negative: Chevy Chase Bank FSB v. Kukuk (In Re Kukuk) (bap10, 1998-10-20)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited "but see" Chevy Chase Bank FSB v. Kukuk (In Re Kukuk)
10th Cir. BAP · 1998 · signal: but see · confidence high
The Tenth Circuit has not addressed this issue in a decision with precedential authority; but see Signet Bank v. Keyes, 959 F.2d 245 , 1992 WL 66723 (10th Cir.1992) (table) (in an unpublished decision with no precedential authority, the court held that the debtors’ use of credit cards to charge purchases and to obtain cash advances implied a representation by the debtors to the bank that they had the ability and intention to pay the obligations); and lower courts in the Tenth Circuit, as well as numerous other courts, are divided as to whether an implied representation of an intent and abili…
discussed Cited as authority (quoted) North American Company for Life and Health Insurance v. Moua
W.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence low
a default judgment entered against a claimant in an interpleader action terminates that party's interest in the fund at issue.
discussed Cited as authority (quoted) Simmons Bank v. UFOTJENJU, LLC
W.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence low
a default judgment entered against a claimant in an interpleader action terminates that party's interest in the fund at issue.
discussed Cited as authority (quoted) Primerica Life Insurance Company v. Johnson
S.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
a default judgment entered against a claimant in an interpleader action terminates that party's interest in the fund at issue.
discussed Cited as authority (quoted) The Prudential Insurance Company of America v. Freeman
E.D. Mo. · 2021 · quote attribution · 1 verbatim quote · confidence low
a default judgment entered against a claimant in an interpleader action terminates that party's interest in the fund at issue.
cited Cited "see" United States v. Londono
10th Cir. · 1998 · signal: see · confidence high
See United States v. Londono, No. 91-7043, 1992 WL 66724 (10th Cir. Apr.3, 1992) (unpublished order and judgment).
cited Cited "see" Sapp v. Greif
D. Kan. · 1997 · signal: see · confidence high
See Bergeson v. Dilworth, 749 F.Supp. 1555, 1558 (D.Kan.1990) (citations omitted), aff’d, 959 F.2d 245 (10th Cir.1992).
cited Cited "see" In Re: Midgard Corporation, Debtor. Midgard Corporation v. Paul Todd, Custom Cutting Millworks Incorporated and Todd's Recycling Center Incorporated
10th Cir. · 1997 · signal: see · confidence high
See Micro Consulting, Inc. v. Zubeldia, 813 F.Supp. 1514, 1534 (W.D.Okla.1990), aff'd, 959 F.2d 245 (10th Cir.1992).
discussed Cited "see, e.g." Pacific Employers Insurance v. P.B. Hoidale Co.
D. Kan. · 1992 · signal: see also · confidence low
In order to assert this privilege, Pacific must demonstrate as a threshold matter that Arnett’s communications to Pacific were “in anticipation of litigation or for trial____” Id.; see also Bergeson v. Dilworth, 749 F.Supp. 1555, 1564 (D.Kan.1990) (whether insurance company retained expert in anticipation of litigation is question of fact to be determined under all the circumstances), aff'd mem., 959 F.2d 245 (10th Cir.1992).
Retrieving the full opinion text from the archive…
United States
v.
Nestor Londono
91-7043.
Court of Appeals for the Tenth Circuit.
Apr 3, 1992.
959 F.2d 245

959 F.2d 245

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

UNITED STATES of America, Plaintiff-Appellee,
v.
Nestor LONDONO, Defendant-Appellant.

No. 91-7043.

United States Court of Appeals, Tenth Circuit.

April 3, 1992.

Before TACHA and EBEL, Circuit Judges and ROGERS, District Court Judge.[*]

ORDER AND JUDGMENT[**]

TACHA, Circuit Judge.

1

This appeal arises out of Nestor Londono's conviction for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) & 853 and for travelling in interstate commerce to promote a narcotics business enterprise in violation of 18 U.S.C. § 1952(a)(3) and 18 U.S.C. § 2. On appeal, Londono raises five arguments: (1) the district court abused its discretion in denying the motion for mistrial based upon the inability of the jury to reach a verdict; (2) Londono was denied his right of confrontation under the Sixth Amendment by the admission of hearsay evidence at sentencing; (3) the evidence was insufficient to sustain Londono's conviction under the Travel Act; (4) prosecutorial misconduct in opening and closing statements deprived Londono of a fair trial; and (5) the trial court erred in refusing one of Londono's tendered jury instructions. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

2

We review the district court's decision to deny a motion for a mistrial under an abuse of discretion standard. See United States v. Novak, 918 F.2d 107, 108-09 (10th Cir.1990). In this case, Londono moved for a mistrial when the jury indicated it could not reach a verdict. The district court declined to grant the motion. After reviewing the record, we agree that there was no "manifest necessity" to declare a mistrial after only a few hours of deliberation. See United States v. Horn, 583 F.2d 1124, 1127 (10th Cir.1978). We also conclude that the district court's decision did not impermissibly coerce the jury into reaching a verdict.

3

Londono also asserts that he was denied his right to confrontation at the sentencing hearing under the Sixth Amendment by the admission of hearsay evidence. Londono recognizes that this circuit permits consideration of hearsay evidence at sentencing hearings under the United States Sentencing Guidelines. United States v. Reid, 911 F.2d 1456, 1461 (10th Cir.1990), cert. denied, 111 S.Ct. 990 (1991); United States v. Beaulieu, 893 F.2d 1177 (10th Cir.), cert. denied, 110 S.Ct. 3302 (1990). Londono urges us to adopt a new standard based on a decision of the Eighth Circuit. See United States v. Fortier, 911 F.2d 100 (8th Cir.1990). After reviewing our earlier decisions and the decision of the Eighth Circuit, we decline to adopt a new standard.

4

Londono also asserts that the evidence introduced at trial was insufficient as a matter of law to sustain his conviction under the Travel Act. Londono argues that the isolated activities in this case fail to establish the foreseeability of the interstate travel and cannot support a conviction under the Travel Act. "[A]n involved party who should have reasonably foreseen the use of interstate facilities in furtherance of a shared criminal scheme can be held under the Travel Act." United States v. Barbieri, 614 F.2d 715, 720 (10th Cir.1980). After reviewing all the evidence, we conclude that Londono could have reasonably foreseen the use of interstate facilities.

5

Londono argues further that prosecutorial conduct during the opening and closing statements deprived him of a fair trial. Because Londono did not object to these statements at trial, we review these statements for plain error. See United States v. Abello-Silva, 948 F.2d 1168, 1182 (10th Cir.1991). After reviewing the statements of the prosecutor and the entire record, we cannot conclude that there was plain error.

6

Finally, Londono argues that the trial court erred in rejecting his tendered instruction number two. To assess a district court's rejection of a tendered instruction, we review the instructions as a whole to determine whether the jury was adequately advised regarding all pertinent issues in the case. See United States v. Haar, 931 F.2d 1368, 1371 (10th Cir.1991). After reviewing all of the evidence presented at trial and the jury instructions as a whole, we conclude that the district court did not err in rejecting Londono's proposed instruction.

7

AFFIRMED.

*

The Honorable Richard D. Rogers, Senior District Judge, United States District Court for the District of Kansas, sitting by designation

**

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3