green
Positive treatment
Quoted verbatim 1×
3.7 score
“courts should carefully scrutinize the factual setting of each encounter of this type”
Treatment trajectory · 1967 → 2026 · click a year to view as-of
1967
1996
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Minkowitz
courts should carefully scrutinize the factual setting of each encounter of this type
discussed
Cited "see"
United States v. Datcher
See United v. Avery, 717 F.2d 1020, 1027 (6th Cir.1983) (upholding refusal to give an instruction on jury nullification because, "[ajlthough jurors may indeed have the power to ignore the law, their duty is to apply the law as interpreted by the court and they should be so instructed"), cert. denied, 466 U.S. 905 , 104 S.Ct. 1683 , 80 L.Ed.2d 157 (1984); United States v. Newman, 743 F.Supp. 533, 535 (M.D.Tenn.1990) (“A defendant in a criminal proceeding is not entitled to have a nullification instruction submitted to the jury.").
discussed
Cited "see"
United States v. Santos Jesus Martinez-Torres, United States of America v. Luis Alfredo Martinez-Torres, United States of America v. Epifanio Martinez-Torres, A/K/A \Fanny
See Acevedo, 842 F.2d at 508 & n. 3 10 Defense counsel in Gomez, confronted with a Second Circuit precedent which was a fair congener to Rivera-Sola, United States v. DeFiore, 720 F.2d 757, 764-65 (2d Cir.1983), cert. denied, 466 U.S. 906 , 104 S.Ct. 1684 , 80 L.Ed.2d 158 (1984), saw fit to preserve this very sort of objection 1 The majority has sloughed off this dissent by stating simply that "[a]t the time of the panel hearing there was no suggestion in the record, or by counsel, that ... magistrate empaneling was ever departed from...." This overstates matters.
discussed
Cited "see"
State v. Herrin
See U.S. v. Avery, 717 F.2d 1020, 1024-1025 (6th Cir. 1983), cert. den., 466 U.S. 905 , 104 S.Ct. 1683 , 80 L.Ed.2d 157 (1984); U.S. v. Booth, 669 F.2d 1231, 1238 (9th Cir.1981); U.S. v. Prewitt, 553 F.2d 1082, 1085-1086 (7th Cir.), cert. den., 434 U.S. 840 , 98 S.Ct. 135 , 54 L.Ed.2d 104 (1977); U.S. ex rel.
cited
Cited "see"
United States v. Esnoel Lopez-Pena, United States of America v. Hector Burgos, A/K/A \Tito
Accord United States v. DeFiore, 720 F.2d 757, 764-65 (2d Cir.1983), cert. denied, 466 U.S. 906 , 104 S.Ct. 1684 , 80 L.Ed.2d 158 (1984).
cited
Cited "see"
United States v. Lopez-Pena
Accord United States v. DeFiore, 720 F.2d 757, 764-65 (2d Cir.1983), cert. denied, 466 U.S. 906 , 104 S.Ct. 1684 , 80 L.Ed.2d 158 (1984).
discussed
Cited "see"
United States v. Isaac Zabare, A/K/A \The Rabbi\""
See United States v. Dowell, 724 F.2d 599, 602-03 (7th Cir.), cert. denied, 466 U.S. 906 , 104 S.Ct. 1683 , 80 L.Ed.2d 157 (1984); United States v. Williams, 633 F.2d 742, 744 (8th Cir.1980); United States v. Agapito, 620 F.2d 324, 335-36 (2d Cir.), cert. denied, 449 U.S. 834 , 101 S.Ct. 107 , 66 L.Ed.2d 40 (1980).
discussed
Cited "see, e.g."
United States v. Ohle
See also United States v. DeFiore, 720 F.2d 757 (2d Cir.1983) (distinguishing Henderson in prosecution for wire fraud where state tax laws were violated, and noting that the Court of Appeals for the Ninth Circuit had rejected Henderson), cert. denied, 466 U.S. 906 , 104 S.Ct. 1684 , 80 L.Ed.2d 158 (1984); United States v. Mangan, 575 F.2d 32, 49 (2d Cir.) (distinguishing Henderson in prosecution for wire fraud and federal tax evasion), cert. denied, 439 U.S. 931 , 99 S.Ct. 320 , 58 L.Ed.2d 324 (1978). 2 .
discussed
Cited "see, e.g."
United States v. Guillermo Soto
The Court in Innis instead emphasized as significant in determining whether the police conduct constituted interrogation a defendant’s perception of the police conduct and, as measured from the police perspective, the reasonable likelihood that such conduct would elicit an inculpatory response. 446 U.S. at 301 & n. 7, 100 S.Ct. at 1690 & n. 7; see also U.S. v. Avery, 717 F.2d 1020, 1024-25 (6th Cir.1983) (scrutinizing particular factual setting to conclude no interrogation), cert. denied, 466 U.S. 905 , 104 S.Ct. 1683 , 80 L.Ed.2d 157 (1984).
discussed
Cited "see, e.g."
United States v. Lois E. Hilton Ford
Secs. 3161-3174 37 Jordan v. Massachusetts, 225 U.S. 167, 176 , 32 S.Ct. 651, 652 , 56 L.Ed. 1038 (1912) 38 Smith v. Phillips, 455 U.S. 209, 217 , 102 S.Ct. 940, 946 , 71 L.Ed.2d 78 (1982) 39 Press-Enterprise Co. v. Superior Court, 464 U.S. 501 , 509 n. 8, 104 S.Ct. 819 , 823 n. 8, 78 L.Ed.2d 629 (1984) (quoting United States v. Velazquez, 490 F.2d 29, 34 (2d Cir.1973)); see also Gannett Co., Inc. v. DePasquale, 443 U.S. 368 , 99 S.Ct. 2898 , 61 L.Ed.2d 608 (1979) 40 Id. at 505 , 104 S.Ct. at 821 41 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968) 42 See, e.g., O'Bryan v. Estelle, 714 F.2d…
discussed
Cited "see, e.g."
United States v. Harold T. Bradley
Moreover, the fact that one statute is specifically addressed to acts constituting a particular crime does not preclude punishment of those acts under a more general statute. [Ajbsent evidence of congressional intent to repeal, when a new statute overlaps a portion of an older one, the two statutes should be permitted to coexist unless the two are mutually exclusive____ [T]he mere existence of a later enacted, specific statute does not implicitly repeal the overlapping portion of an earlier, general statute____ *780 United States v. Jackson, 805 F.2d 457, 461 (2d Cir.1986); see also United Sta…
discussed
Cited "see, e.g."
United States v. Standard Drywall Corp.
See also United States v. DeFiore, 720 F.2d 757 (2d Cir.1983) (distinguishing Henderson in prosecution for wire fraud, 18 U.S.C. § 1343 (1982), where state, rather than federal, tax laws were violated, and noting that United States v. Miller rejected Henderson where federal tax laws were violated), cert. denied, — U.S.-, 104 S.Ct. 1684 , 80 L.Ed.2d 158 , - U.S. -, 104 S.Ct. 3511 , 82 L.Ed.2d 820 (1984). 14 .
Retrieving the full opinion text from the archive…
Towns
v.
United States
v.
United States
No. 83-5806.
Supreme Court of the United States.
Mar 26, 1984.
Published
Citer courts: E.D. New York (1)
C. A. 7th Cir. Certiorari denied.