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Positive treatment
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Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Joseph E. Kirkland, III
But see United States v. Black, 767 F.2d 1334 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985) (where defendant was convicted on mail fraud indictment alleging *1251 specific losses of $46,250, but there was no plea agreement, or other consensual means for fixing a greater amount of restitution, the district court erred in ordering restitutory amount greater than that alleged in the indictment); United States v. Runck, 601 F.2d 968 (8th Cir.1979), ce rt. denied, 444 U.S. 1015 , 100 S.Ct. 665 , 62 L.Ed.2d 644 (1980) (where plea agreement failed to authorize restit…
cited
Cited "see"
Commonwealth v. Cabrera
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.), cert. denied sub nom., Black v. Harris, 474 U.S. 1022 , 106 S. Ct. 574 , 88 L.
discussed
Cited "see"
United States v. Johnson
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.) (Rule 901 requires that the district court admit evidence if “‘sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity or identification’ ”) (citation omitted), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see"
United States v. Cleveland Johnson, Also Known as Jr., United States of America v. Roy Williams, Also Known as Low, United States of America v. Johnny Ray Butler, Also Known as Johnnie Lee Burton, Also Known as Bonnie, United States of America v. Christopher Scott, Also Known as Henry Johnson, Also Known as Henry Wilson, Also Known as Pony Tail, United States of America v. Errol Skeete, Also Known as Steven Anderson, Also Known as Steven Mason, Also Known as Steven Carter, Also Known as Steville, United States of America v. Marcel Harris, Also Known as Taco, Also Known as Tyrone Bryant, Also Known as Tony McLaurin
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.) (Rule 901 requires that the district court admit evidence if " 'sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity or identification' ") (citation omitted), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985). 43 As the admission of a party-opponent, that portion of the Western Union MTAs allegedly completed by the defendants themselves was not hearsay.
cited
Cited "see"
United States v. Sharon Sue Cook
See United States v. Black, 767 F.2d 1334, 1343-44 (9th Cir.) cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985); United States v. Missouri Valley Constr.
discussed
Cited "see"
State v. Dreher
Hughes, supra, 453 N.E. 2d at 496 n. 41, 466 N.Y.S. 2d at 267 n. 41; see State v. Haislip, 237 Kan. 461 , 701 P. 2d 909, 926 (1985), cert. denied, 474 U.S. 1022 , 106 S.Ct. 575 , 88 L.Ed. 2d 558 (1985) (drawing the same analogy).
discussed
Cited "see"
Nichols v. State
Id.; accord, United States v. Scott, 518 F.2d 261, 268 (6th Cir.1975).” United States v. Black, 767 F.2d 1334, 1337 (9th Cir.1985), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see"
United States v. Elon Kevan Rowlee, Ii, and the New York Patriots Society for Individual Liberty Association
(2×)
See United States v. Daly, 756 F.2d 1076, 1081-82 (5th Cir.), cert. denied, 474 U.S. 1022, 106 S.Ct. 574 , 88 L.Ed.2d 558 (1985).
cited
Cited "see"
E.W. French & Sons, Inc., a California Corporation v. General Portland Inc., a Delaware Corporation, E.W. French & Sons, Inc., a California Corporation v. General Portland Inc., a Delaware Corporation
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.) (Black ), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
cited
Cited "see"
E.W. French & Sons, Inc. v. General Portland Inc.
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.) (Black), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see"
Daniel P. Hulsey v. Usair, Inc.
(2×)
See United States v. Daly, 756 F.2d 1076 (5th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 558 (1985). 2 .
discussed
Cited "see"
United States v. Laszlo Pomazi
See United States v. Black, 767 F.2d 1334, 1343 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985); Phillips v. United States, 679 F.2d 192, 194-95 (9th Cir.1982); United States v. Hill, 798 F.2d 402, 406 (10th Cir.1986) (“[I]n determining the amount of loss to a victim for purposes of awarding restitution under the VWPA, a district court is not limited either by the amount specified in the indictment or the specific transactions alleged in the indictment.”).
discussed
Cited "see"
Thomas A. Tweeddale v. Commissioner of Internal Revenue
(2×)
See, United States v. Daly, 756 F.2d 1076, 1078 (5th Cir.1985), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 558 (1985).
cited
Cited "see"
United States v. Morris
See United States v. Black, 767 F.2d 1334, 1338 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see"
United States v. James Stanley Koenig
We have interpreted § 3651 to mean that “absent a fully bargained plea agreement, the sentencing court may not impose restitution of amounts beyond those alleged in the indictment counts on which conviction is had.” United States v. Whitney, 785 F.2d 824, 825 (9th Cir.1986); see United States v. Black, 767 F.2d 1334, 1344 (9th Cir.), cert. denied, — U.S. -, 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see, e.g."
United States v. George L. Wilson and Colin L. Hudson
(2×)
Id. at 909 , 102 S.Ct. 3409 (quoting De Jonge v. Oregon, 299 U.S. 353, 365 , 57 S.Ct. 255 , 81 L.Ed. 278 (1937)), 458 U.S. at 920 n. 56, 102 S.Ct. 3409 ; see also United States v. Daly, 756 F.2d 1076, 1081-1082 (5th Cir.1985), certiorari denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 558 (1985) (upholding conviction for conspiring to defraud the United States, concluding that because the statutes at issue punish conduct, not speech, individuals may be convicted for conspiracy to engage in that conduct and that “an illegal course of conduct is not protected by the First Amendment merely b…
discussed
Cited "see, e.g."
United States v. Melinda Barany
See also United States v. Black, 767 F.2d 1334 (9th Cir.) (reversing restitution order of $787,000 where defendant convicted of mail fraud counts alleging only $46,250 loss), cert. denied 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985); United States v. Orr, 691 F.2d 431 (9th Cir.1982) (reversing restitution order of $3,815 where defendant pled guilty to two counts of embezzlement totaling $200).
discussed
Cited "see, e.g."
United States v. Frasiel L. Hughey
Compare United States v. McMichael, 699 F.2d 193, 195 (4th Cir.1983) (allowing restitution outside of amount alleged in indictment, as long as it was an actual damage directly caused by illegal activity with which defendant was charged) with United States v. Black, 767 F.2d 1334, 1343 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985) (limiting restitution to amounts alleged in indictment) and United States v. Hawthorne, 806 F.2d 493, 501 (3rd Cir.1986) (restitution limited to losses attributable to offense of conviction).
discussed
Cited "see, e.g."
John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune
(2×)
See, e.g., United States v. Black, 767 F.2d 1334, 1339 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985); United States v. Veatch, 674 F.2d 1217, 1221-22 (9th Cir.1981), ce rt. denied, 456 U.S. 946 , 102 S.Ct. 2013 , 72 L.Ed.2d 469 (1982); United States v. Gumerlock, 590 F.2d 794, 800 (9th Cir.) (en banc), cert. denied, 441 U.S. 948 , 99 S.Ct. 2173 , 60 L.Ed.2d 1052 (1979).
discussed
Cited "see, e.g."
United States v. Raymond W. Vance
(2×)
See, e.g., United States v. Black, 767 F.2d 1334, 1342-44 (9th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 574 , 88 L.Ed.2d 557 (1985); United States v. Johnson, 700 F.2d 699, 701 (11th Cir.1983). 3 We join the Third, Fourth, and Seventh Circuits, which hold that when the original indictment charged a conspiracy or fraudulent scheme, the restitution order may permissibly encompass all losses related to the scheme or conspiracy and need not be limited to those associated with the counts to which the defendant pleaded guilty.
Retrieving the full opinion text from the archive…
Pautz
v.
Wisconsin Department of Industry, Labor and Human Relations
v.
Wisconsin Department of Industry, Labor and Human Relations
No. 85-784.
Supreme Court of the United States.
Dec 9, 1985.
Published
C. A. 7th Cir. Certio-rari denied.