green
Positive treatment
Quoted verbatim 1×
6.6 score
“need for competency also extends beyond trial to the sentencing phase of a proceeding”
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Gigante
need for competency also extends beyond trial to the sentencing phase of a proceeding
discussed
Cited "see"
United States v. Paibool Wetwattana
See United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir.), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 , 112 L.Ed.2d 227 *284 (1990). 4 The evidence in this case clearly shows that Wetwattana possessed a firearm at the time of his arrest.
discussed
Cited "see"
United States v. Castillo-Garcia
See United States v. Torres, 908 F.2d 1417, 1422 (9th Cir.), cert. denied, 498 U.S. 905 , 948, 111 S.Ct. 272 , 366, 112 L.Ed.2d 228 , 329 (1990); United States v. Brown, 761 F.2d 1272, 1275 (9th Cir.1985); United States v. Martinez, 588 F.2d 1227, 1231 (9th Cir.1978) (same); United States v. Pezzino, 535 F.2d 483, 484 (9th Cir.) (per curiam) (the necessity requirement can be satisfied even though police fail to use one type of normal investigative technique), cert. denied, 429 U.S. 839 , 97 S.Ct. 111 , 50 L.Ed.2d 106 (1976).
discussed
Cited "see"
United States v. Derrick A. Anderson
See United States v. Rush, 890 F.2d 45, 52 (7th Cir.1989) (affirming enhancement under earlier version of section 2Dl.l(b)(l) where defendant knew firearm was in automobile for which defendant had the keys and toward which defendant was headed, even though defendant was not in the automobile at the time); see generally United States v. Garrett, 903 F.2d 1105, 1111 (7th Cir.1990) (noting, in case involving conviction for possessing a firearm in violation of 21 U.S.C. § 922 (g), that constructive possession exists when a person “knowingly has the power and intention at a given time to exercis…
discussed
Cited "see"
United States v. Jose Soto, Also Known as Lazaro Sanchez
See United States v. Garrett, 903 F.2d 1105, 1112 (7th Cir.) (constructive possession is sufficient to support a conviction under 21 U.S.C. § 841 (a)), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
discussed
Cited "see"
United States v. Twan J. James, Ernest Parker, Reginald G. Allison, Yvonne R. Ferguson, and Walter Williams
See United States v. Garrett, 903 F.2d 1105, 1109-11 (7th Cir.), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990). 3 Moreover, the government demonstrated that the pistol was loaded and kept in close proximity to the tools of James’ drug distribution trade (scales, electronic beepers, and a bottle of cutting agent), and that the bedroom where the pistol was found also contained approximately $75,000 in cash.
discussed
Cited "see"
United States v. Porfirio Gonzalez
See United States v. Garrett, 903 F.2d 1105 , 1113 & n. 11 (7th Cir.), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 (1990); United States v. Alvarez, 860 F.2d 801, 829 (7th Cir.1988), modified on other grounds, 868 F.2d 201 (7th Cir.), cert. denied, 490 U.S. 1051 , 109 S.Ct. 1966 , and 493 U.S. 829 , 110 S.Ct. 97 (1989). 4 The fact that Gonzalez carried a key to a safe deposit box, on the other hand, arguably had little or no incriminatory meaning standing alone.
discussed
Cited "see"
United States v. Robert H. Hoard
See United States v. Garrett, 903 F.2d 1105, 1114 (7th Cir.), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 (1990); United States v. Hunter, 887 F.2d 1001, 1002 (9th Cir.1989), cert. denied, 493 U.S. 1090 , 110 S.Ct. 1159 (1990) (per curiam); see also Deal v. United States, 113 S.Ct. 1993, 1998 (1993).
discussed
Cited "see"
United States v. Thyrus Montez Brown
See United States v. Garrett, 903 F.2d 1105 , 1113 & n. 11 (7th Cir.) (collecting cases), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990); United States v. Rush, 890 F.2d 45, 49 (7th Cir.1989); see also United States v. Tarazon, 989 F.2d 1045, 1053 (9th Cir.1993), cert. denied , — U.S. -, 114 S.Ct. 155 , 126 L.Ed.2d 116 (1993); Dunn, 846 F.2d at 764 ; cf. Boissoneault, 926 F.2d at 234 (defendant arrested for a traffic violation, displayed no furtive activity, and did not possess a gun or other weapon); United States v. Franklin, 728 F.2d 994, 995, 1000 (8th Cir.1984) (def…
cited
Cited "see"
United States v. Dale Eldridge, Also Known as Dale Smith, United States of America v. John David Fuget, Also Known as Poncho Proffer
See United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir.), cert. denied, 498 U.S. 905 , 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
cited
Cited "see"
United States v. Juan Herrera and Estanislad Herrera
See United States v. Garrett, 903 F.2d 1105, 1112 (7th Cir.) (constructive possession is sufficient to support a conviction under 21 U.S.C. § 841 (a)), cert. denied, 111 S.Ct. 272 (1990).
discussed
Cited "see"
United States v. Candelario Gutierrez, Jose Medina, and Jose Soto
(2×)
See United States v. Garrett, 903 F.2d 1105, 1112 (7th Cir.) (constructive possession is sufficient to support a conviction under 21 U.S.C. § 841 (a)), cert. denied, --- U.S. ----, 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
discussed
Cited "see"
United States v. Michael Moore
See United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir.1990) (“Constructive possession exists when a person does not have actual possession but instead knowingly has the power and the intention at a given time to exercise dominion and control over an object, either directly or through others.”) (emphasis in original), cert. denied, — U.S. —, 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
cited
Cited "see"
United States v. Charles Hayes
See United States v. Garrett, 903 F.2d 1105 , 1110— II (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
discussed
Cited "see, e.g."
United States v. Ozar
Where, as here, the adequacy of the Government’s minimization effort is challenged, the Government bears the burden of establishing that its conduct “avoided unnecessary intrusion and resulted in ‘... no greater invasion of privacy ... than [was] necessary under the circumstances.’ ” United States v. Armocida, 515 F.2d 29, 43 (3rd Cir.), cert. denied, 423 U.S. 858 , 96 S.Ct. 111 , 46 L.Ed.2d 84 (1975) (quoting Berger v. New York, 388 U.S. 41, 57 , 87 S.Ct. 1873, 1883 , 18 L.Ed.2d 1040 (1967)); see also United States v. Torres, 908 F.2d 1417, 1423 (9th Cir.), cert. denied, 498 U.S. 90…
discussed
Cited "see, e.g."
United States v. Edward Ricks
Compare United States v. Manafzadeh, 592 F.2d 81, 87 (2d Cir.1979) (where defendant contended he was not involved in the crime at all and offered to stipulate to the intent element if the jury found he was involved in the crime, evidence of prior similar conduct was not admissible to show intent because intent was not in dispute) with United States v. Chaimson, 760 F.2d 798 (7th Cir.1985) (even though defendant asserted that he lacked knowledge of bribery scheme, evidence of prior bribe payments admissible to prove intent because defendant's particular defense does not eliminate requirement th…
cited
Cited "see, e.g."
United States v. Tony White
Compare United States v. Garrett, 903 F.2d 1105, 1113 (7th Cir.), cert. denied, - U.S. -, 111 S.Ct. 272 , 112 L.Ed.2d 227 (1990).
Retrieving the full opinion text from the archive…
Van Omen
v.
United States
v.
United States
No. 90-5597.
Supreme Court of the United States.
Oct 9, 1990.
Published
Citer courts: E.D. New York (1)
C. A. 10th Cir. Certiorari denied.