green
Positive treatment
Quoted verbatim 1×
6.2 score
“where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and sentence on the greater offense intact”
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Jordan v. State
where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and sentence on the greater offense intact
discussed
Cited "see"
Holly v. State
See United States v. Buckley, 586 F.2d 498, 505 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 ("where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and sentence on the greater offense intact").
discussed
Cited "see"
Holly v. State
See United States v. Buckley, 586 F.2d 498, 505 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (“where a defendant is improperly convicted for a lesser included offense, the proper remedy is to vacate both the conviction and sentence on the included offense, leaving the conviction and sentence on the greater offense intact”).
discussed
Cited "see"
United States v. Billy L. Massey and Larry P. Wages
See United States v. Buckley, 586 F.2d 498, 505 (5th Cir.1978) (declining to remand case for resentencing where conviction for lesser-included offense was reversed and portion of sentence vacated), reh'g denied, 589 F.2d 1114 (5th Cir.), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979).
discussed
Cited "see"
United States v. Dorothy Jefferson
See United States v. Buckley, 586 F.2d 498, 504-05 (5th Cir.), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1978); United States v. Newman, 468 F.2d 791, 796 (5th Cir.1972), cert. denied, 411 U.S. 905 , 93 S.Ct. 1527 , 36 L.Ed.2d 194 (1973); United States v. Rosenthal, 454 F.2d 1252, 1255 (2d Cir.), cert. denied, 406 U.S. 931 , 92 S.Ct. 1801 , 32 L.Ed.2d 134 (1972). 28 To convict and impose punishment for both would be tantamount to twice convicting and punishing one defendant for a single offense, in violation of the Double Jeopardy Clause.
examined
Cited "see"
United States v. Kim Edward Minis
(3×)
Accord, United States v. Weinrich, 586 F.2d 481, 490 (5th Cir. 1978), cert. denied, 441 U.S. 927 , 99 S.Ct. 2041 , 60 L.Ed.2d 402 and cert. denied sub nom., Blair v. U. S., 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 243 (1979).
cited
Cited "see"
United States v. Boffa
See United States v. Buckley, 586 F.2d 498 (C.A.5, 1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979); F.R.Cr.P. 16(a)(1)(C).
cited
Cited "see"
United States v. Felt
See United States v. Buckley, 586 F.2d 498, 506 (5th Cir. 1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979).
discussed
Cited "see, e.g."
United States v. Keithan Jerome Owens
We concluded that there was a rational basis for Congress’ finding that “control of the intrastate incidents of traffic in controlled substances was essential to the control of interstate incidents of that traffic.” Lopez, 459 F.2d at 953 ; see also United States v. Weinrich, 586 F.2d 481, 489 (5th Cir.1978) (reaffirming that 21 U.S.C. § 841 (a)(1) is constitutional even though no specific proof of a nexus with interstate commerce is required for conviction), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 243 (1979).
discussed
Cited "see, e.g."
United States v. Chambers
See United States v. Grubbs, 829 F.2d 18, 19 (8th Cir.1987); United States v. Brantley, 733 F.2d 1429, 1436 (11th Cir. 1984), cert. denied, 470 U.S. 1006 , 105 S.Ct. 1362 , 84 L.Ed.2d 383 (1985); United States v. Jefferson, 714 F.2d 689, 703-06 (7th Cir.1983); see also United States v. Buckley, 586 F.2d 498, 505 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979); United States v. Rosenthal, 454 F.2d 1252, 1255 (2d Cir.), cert. denied, 406 U.S. 931 , 92 S.Ct. 1801 , 32 L.Ed.2d 134 (1972).
discussed
Cited "see, e.g."
United States v. Chambers
See United States v. Grubbs, 829 F.2d 18, 19 (8th Cir.1987); United States v. Brantley, 733 F.2d 1429, 1436 (11th Cir.1984), cert. denied, 470 U.S. 1006 , 105 S.Ct. 1362 , 84 L.Ed.2d 383 (1985); United States v. Jefferson, 714 F.2d 689, 703-06 (7th Cir.1983); see also United States v. Buckley, 586 F.2d 498, 505 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979); United States v. Rosenthal, 454 F.2d 1252, 1255 (2d Cir.), cert. denied, 406 U.S. 931 , 92 S.Ct. 1801 , 32 L.Ed.2d 134 (1972). 121 None of those cases discuss, however, any reason for selecting the consp…
discussed
Cited "see, e.g."
Robert Tyrone Morgan v. United States Department of Justice
Crim.P. 16(d)(1); 2 Wright, Federal Practice and Procedure § 258 (2d ed. 1982); United States v. Pelton, 578 F.2d 701 (8th Cir.), cert. denied, 439 U.S. 964 , 99 S.Ct. 451 , 58 L.Ed.2d 422 (1978); see also United States v. Buckley, 586 F.2d 498 , 506 & nn. 6-7 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979) (in addition to denying defendant’s discovery request and placing FBI files under seal for purposes of appellate review, the court held that the defendant could not rely on the FOIA to support his claim of entitlement to the files because the files were…
discussed
Cited "see, e.g."
United States v. Mmr Corporation (La) and James B. Rutland
Id. at 1233 ; see also United States v. Buckley, 586 F.2d 498, 501 (5th Cir.1978) (stating that the defendant must provide “some evidence, but more than a scintilla” to be entitled to an instruction on an affirmative defense), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979).
discussed
Cited "see, e.g."
United States v. Gerald Kaiser
See also United States v. Buckley, 586 F.2d 498, 503-04 (5th Cir.1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979) (The court held that failure to file is a lesser offense included in a § 7201 conviction.
discussed
Cited "see, e.g."
Oliver L. North v. Lawrence E. Walsh, in His Official Capacities as \Independent Counsel\" and \"Independent Counsel: Iran/contra
The plaintiffs rights in a FOIA action do not depend on his or her identity; “ ‘[t]he Act’s sole concern is with what must be made public or not made public.’ ” United States Dep’t of Justice v. Reporters Comm. for Freedom of the Press, — U.S. -, 109 S.Ct. 1468, 1481 , 103 L.Ed.2d 774 (1989) (citation omitted); see NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 , 242 n. 23, 98 S.Ct. 2311 , 2327 n. 23, 57 L.Ed.2d 159 (1978) (stating that person’s rights under FOIA are neither diminished nor enhanced by his “litigation-generated need” for agency documents); accord NLRB v. Se…
discussed
Cited "see, e.g."
McCall v. State
See, e.g., United States v. Buckley , *Page 1380 5 Cir., 1978, 586 F.2d 498 , 501 , cert. denied , 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979); United States v. Timberlake , 5 Cir., 1977, 559 F.2d 1375 , 1379 ; United States v. Ashley , 5 Cir., 555 F.2d 462 , 466-67 , cert. denied sub nom.
discussed
Cited "see, e.g."
United States v. Waldbaum, Inc.
See also United States v. Robinson, supra, 588 F.2d 1041, 1042-1044 (5th Cir.), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 243 (1979) (only two core figures in common where five were necessary to constitute the offense—operation of "gambling business" [not conspiracy ] in violation of 18 U.S.C. § 1955 ).
discussed
Cited "see, e.g."
United States v. Tyrone McEachin
See, e.g., United States v. Weinrich, 586 F.2d 481, 490 (5th Cir. 1978), cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 243 , 441 U.S. 927 , 99 S.Ct. 2041 , 60 L.Ed.2d 402 (1979); United States v. Hyde, 574 F.2d 856, 863 (5th Cir. 1978) (mutually reinforcing and corroborative information from several informants adds significantly to probable cause, even though reliability of individual sources not established). 7 .
discussed
Cited "see, e.g."
United States v. Felipe Gonzales and Vincente Rodriguez Ovalle
See, e. g., United States v. Buckley, 5 Cir., 1978, 586 F.2d 498, 501 , cert. denied, 440 U.S. 982 , 99 S.Ct. 1792 , 60 L.Ed.2d 242 (1979); United States v. Timberlake, 5 Cir., 1977, 559 F.2d 1375, 1379 ; United States v. Ashley, 5 Cir., 555 F.2d 462, 466-67 , c ert. denied sub nom.
Retrieving the full opinion text from the archive…
Woodall
v.
United States
v.
United States
No. 78-5812.
Supreme Court of the United States.
Apr 2, 1979.
Published
Citer courts: Mississippi Supreme Court (1)
C. A. 10th Cir. Certiorari denied.