green
Positive treatment
Quoted verbatim 1×
5.7 score
“it is firmly established that under 922(g), proof of a gun's manufacture outside of the state in which it was allegedly possessed is sufficient to support the factual finding that the firearm was 'in or affecting commerce.”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Leonard Petitjean, Jr.
it is firmly established that under 922(g), proof of a gun's manufacture outside of the state in which it was allegedly possessed is sufficient to support the factual finding that the firearm was 'in or affecting commerce.
discussed
Cited as authority (rule)
Eckstein v. Cullen
In United States v. Dornhofer, 859 F.2d 1195, 1198 (4th Cir.1988), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 *1115 (1989), the Fourth Circuit upheld a warrant for materials depicting, “actual of simulated sexual intercourse ...” What the Government fails to mention is that immediately preceding the quoted language is a limitation requiring that seized materials depict “minors engaged in sexually explicit conduct.” Dornhofer, 859 F.2d at 1198 (emphasis added).
cited
Cited "see"
United States v. Cropper
See United States v. Lowe , 860 F.2d 1370 , 1374-1381 (7th Cir. 1988), cert. denied , 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989).
cited
Cited "see"
Thomas v. Stone Container Corp.
See Pendley v. United States, 856 F.2d 699, 702 (4th Cir.1988), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1640 , 104 L.Ed.2d 155 (1989); Carmody v. F.W.
discussed
Cited "see"
United States v. Clarence Jones
See United States v. Lowe, 860 F.2d 1370, 1374 (7th Cir.1988) (“It is firmly established that under § 922(g), proof of a gun’s manufacture outside of the state in which it was allegedly possessed is sufficient to support the factual finding that the firearm was ‘in or affecting commerce.’ ”), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989).
discussed
Cited "see"
United States v. Jose Blas Vasquez-Olvera
(2×)
See United States v. Lowe, 860 F.2d 1370, 1377-78 (7th Cir.1988), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989); United States v. Affleck, 861 F.2d 97, 99 (5th Cir.1988), cert. denied, 489 U.S. 1058 , 109 S.Ct. 1325 , 103 L.Ed.2d 593 (1989). 2 Vasquez-Olvera, however, contends subsection (b) is a separate criminal offense, that his prior felony conviction was an element of that offense, and thus the government is required to charge him with that element of the offense in the indictment. 3 Accordingly, because the indictment did not charge him with a prior felony convict…
cited
Cited "see"
United States v. Johnny Lester Colston
See United States v. Lowe, 860 F.2d 1370, 1373 (7th Cir.1988), ce rt. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989). 3 .
cited
Cited "see"
Darrell I. Lowe v. United States
See United States v. Lowe, 860 F.2d 1370 (7th Cir.), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1988).
discussed
Cited "see"
United States v. Moore
Garcia, 882 F.2d at 702 ; see United States v. Dornhofer, 859 F.2d 1195 (4th Cir.1988) (upholding an anticipatory warrant were government agents observed the defendant remove the subject material from his mail box), cert. denied, — U.S.-, 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989); Goodwin, 854 F.2d at 35-36 (same); Hale, 784 F.2d at 1468 (same).
discussed
Cited "see"
State v. Wahl
Thus, the fact that the contraband is not ‘presently located at the place described in the warrant' is immaterial, so long as ‘there is probable cause to believe that it will be there when the search warrant is executed.’ United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.), cert. denied, 439 U.S. 869 , 99 S.Ct. 198 , 58 L.Ed.2d 180 (1978); see United States v. Dornhofer, 859 F.2d 1195, 1198 (4th Cir. 1988), cert. denied, — U.S. —, 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989).” Garcia, 882 F.2d at 702 .
discussed
Cited "see"
United States v. Garcia, Appeal of Jose A. Figueroa-Rivera, Gabriel Grant, Celina Wilson-Grant
Thus, the fact that the contraband is not “presently located at the place described in the warrant” is immaterial, so long as “there is probable cause to believe that it will be there when the search warrant is executed.” United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.), cert. denied, 439 U.S. 869 , 99 S.Ct. 198 , 58 L.Ed.2d 180 (1978); see United States v. Dornhofer, 859 F.2d 1195, 1198 (4th Cir.1988), cert. denied, — U.S.-, 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989).
cited
Cited "see"
United States v. Garrett
See generally United States v. Lowe, 860 F.2d 1370 (7th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989).
discussed
Cited "see, e.g."
United States v. Juan H. Lomeli
Compare King, supra, with United States v. Lowe, 860 F.2d 1370, 1381-1382 (7th Cir.1988), certiorari denied, 490 U.S. 1005 , 109 S.Ct. 1639 , 104 L.Ed.2d 155 (1989); see also United States v. Lloyd, 981 F.2d 1071 , 1072-1073 & n. 2 (9th Cir.1992) (noting disagreement among Courts of Appeals).
discussed
Cited "see, e.g."
Hyman v. United States
The Workers’ Compensation Act renders the owner a “statutory employer” when the subcontractors and workers are involved in the owner’s “trade, business or occupation.” When determining whether the United States is a statutory employer, “the proper focus is on the agency or department of the United States which contracted the work.” Izard v. United States, 946 F.2d 1492, 1495 (10th Cir.1991) (emphasis in original); see also Pendley v. United States, 856 F.2d 699, 701-702 (4th Cir.1988) (analyzing the trade, business or occupation of the Department of the Air Force), cert. denied…
Retrieving the full opinion text from the archive…
Pendley, Administrator of the Estate of Cassutt
v.
United States
v.
United States
No. 88-1173.
Supreme Court of the United States.
Apr 3, 1989.
Cited by 2 opinions | Published
Citer courts: Seventh Circuit (1)
C. A. 4th Cir. Certiorari denied.