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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. 39 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Joseph E. Kirkland, III
(2×)
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…
discussed
Cited "see"
Charles Clifford Bailey v. State
See United States v. Black , 767 F.2d 1334, 1338 (9th Cir.), cert. denied , 474 U.S. 1022 (1985); Pinto , 755 F.2d at 152 ; United States v. White , 454 F.2d 435, 438-39 (7th Cir. 1971), cert. denied , 406 U.S. 962 (1972).
discussed
Cited "see"
United States v. Maynard Charles Campbell
See United States v. Miller, 771 F.2d 1219, 1234 (9th Cir.1985) (circumstances surrounding phone call from defendant were sufficient to authenticate testimony about his statements during the call). "[W]e have held that tapes are sufficiently authenticated under Fed.R.Evid. 901(a) if 'sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity or identification.' " United States v. Matta-Ballesteros, 71 F.3d 754, 768 (9th Cir.1995) (quoting United States v. Black, 767 F.2d 1334, 1342 (9th Cir.), cert. denied, 474 U.S. 1022 (1985)). 28 Campbell's insistenc…
discussed
Cited "see"
Commonwealth v. Cabrera
(2×)
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.
cited
Cited "see"
Willie Williams, III v. Steven W. Lee, Warden, South Dakota State Penitentiary Mark W. Barnett, Attorney General, State of South Dakota
See Burnside v. White, 760 F.2d 217 (8th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 576 , 88 L.Ed.2d 559 (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
(2×)
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.
discussed
Cited "see"
United States v. Johnson
(2×)
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).
cited
Cited "see"
Stafford v. Stafford
See United States v. Black, 767 F.2d 1334, 1342 (9th Cir.) (proponent need only make a prima facie showing of authenticity), cert. denied, 474 U.S. 1022 (1985).
cited
Cited "see"
United States v. Emilio Bravo, AKA Tito, Alexander Olivo-Gonzalez and Ernesto Cruz
See United States v. Black, 767 F.2d 1334, 1341 (9th Cir.), cert. denied, 474 U.S. 1022 (1985).
discussed
Cited "see"
United States v. 349 South 4th Avenue, Mount Vernon, New York 10550
See El Cid, Ltd. v. New Jersey Zinc Co., 575 F.Supp. 1513, 1517 (S.D.N.Y.1983) (“It is well settled that where rights to real property are in issue, the law of the situs of the property control^].”), aff' d, 770 F.2d 157 (2d Cir.), cert. denied, 474 U.S. 1021 , 106 S.Ct. 573 , 88 L.Ed.2d 557 (1985).
discussed
Cited "see"
United States v. Sharon Sue Cook
(2×)
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
(2×)
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).
cited
Cited "see"
United States v. Elon Kevan Rowlee, Ii, and the New York Patriots Society for Individual Liberty Association
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).
discussed
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
(2×)
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"
E.W. French & Sons, Inc. v. General Portland Inc.
(2×)
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"
Daniel P. Hulsey v. Usair, Inc.
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 .
cited
Cited "see"
Ghartey v. St. John's Queens Hospital
See Dowty v. Pioneer Rural Electric Cooperative, Inc., 770 F.2d 52, 57 (6th Cir.) (per curiam), cert. denied, 474 U.S. 1021 , 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985). .
discussed
Cited "see"
Ghartey v. St. John's Queens Hospital
See Dowty v. Pioneer Rural Electric Cooperative, Inc., 770 F.2d 52, 57 (6th Cir.) (per curiam), cert. denied, 474 U.S. 1021 , 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985) 3 Ghartey's complaint specifically characterized her second cause of action as a pendent state law claim.
discussed
Cited "see"
United States v. Laszlo Pomazi
(2×)
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.”).
cited
Cited "see"
Thomas A. Tweeddale v. Commissioner of Internal Revenue
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).
discussed
Cited "see"
United States v. Morris
(2×)
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"
Tidwell v. State
See Campbell v. State , 479 So.2d 1294 , 1298 , aff'd, Ex parte Campbell , 479 So.2d 1299 (Ala. 1985), cert. denied, ___ U.S. ___, 106 S.Ct. 573 , 88 L.Ed.2d 557 (1985): "Perhaps the State should have shown by some witness whether the scales were accurate, but we are unwilling to conclude that merely because the witness was unable to say the scales were accurate `to within . . . a gram,' the scales were so inaccurate as to show that the material placed on them was three times weightier than it actually was." Although Mr. Mitchell could not state the "last time" the scales were checked for accu…
discussed
Cited "see, e.g."
United States v. George L. Wilson and Colin L. Hudson
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."
Robert Alan Grote v. Dale Copeland
See also United States v. Black, 767 F.2d 1334 (9th Cir.), cert. denied, 474 U.S. 1022 (1985) (holding that the imposition of restitution is proper so long as the defendant is given adequate notice and a chance to be heard on the issue) 3 The plea agreement informed Grote that a maximum fine of $150,000 could have been imposed
cited
Cited "see, e.g."
Watley v. Missouri Board of Probation & Parole
See also Burnside v. White, 760 F.2d 217 (8th Cir.1985), cert. denied, 474 U.S. 1022 , 106 S.Ct. 576 , 88 L.Ed.2d 559 (1985).
discussed
Cited "see, e.g."
Kaiser v. United States Postal Service
See also, Childs v. Pennsylvania Federation Brotherhood of Maintenance Way Employees, 831 F.2d 429, 434-435 (3d Cir.1987) (To require a district court to consider a suit by a plaintiff “who may yet prevail in the pending arbitration proceeding would be an intolerable drain on precious judicial resources.” Id.) Dowty v. Pioneer Rural Electric Cooperative, Inc., 770 F.2d 52, 56-57 (6th Cir.1985), ce rt. denied, 474 U.S. 1021 , 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985) — which the NRLCA relies upon in support of its “Plaintiff-had-knowledge-before-the-arbitration-award” argument — is enti…
discussed
Cited "see, e.g."
CAMOTEX, SRL v. Hunt
See, e.g., Davis v. Bethlehem Steel Corp., 600 F.Supp. 1312, 1319 (D.Md.), aff'd, 769 F.2d 210 (4th Cir.), cert. denied, 474 U.S. 1021 , 106 S.Ct. 573 , 88 L.Ed.2d 557 (1985) (excessively broad class complaint alleging generalized racial discrimination claims does not satisfy notice requirements of American Pipe).
discussed
Cited "see, e.g."
Rick Dean Bressman v. Hal Farrier, George Goff v. Crispus Nix Harold Farrier Deputy Warden Henry Correctional Officer Spangler Correctional Officer Rooney Correctional Officer Marshall Correctional Officer Severin Correctional Officer Drummond Correctional Officer Stevens Correctional Officer Fields Correctional Officer Dilks, George Goff v. Steve Dailey, Superintendent of Clarinda Correctional Officer Huskins, Laurence Burgin v. Hal Farrier Paul Grossheim Crispus Nix Ron Welder Charles Harper Marion Ware John Sanders Randall Martain R.W. McVeigh John Lewis A.K. Anderson Richard McAllon Neal Breding Captain Bridle J.R. Goetz Gerald Dolf George Finn Lt. Mitchell Paul Schrock John Dewey Richard Larkin George Clymax Rick Barlow Donell Prough Lt. Birdsell Steve Young Kevin Selton Lt. Barnard Lt. Crowell James Rennea Ray Olson Pat McLaughlin Bob Washington, Ronald W. Brewer and James Whited, Jr. v. John Henry Sarah Coats James Burton (Captain), Ronald A. Mahers v. Crispus C. Nix Charles Harper Ken Wittry Ronald G. Welder Paul Grossheim, Charles O. Reese v. Hal Farrier C.C. Nix, Warden Hedgepeth John Henry Ron G. Welder Charles Harper, Chester Walton, Jr. v. Crispus C. Nix Charles Harper Lieutenant Ship Ronald G. Welder
To the extent that Preiser is read to subject procedure claims to exhaustion, it leaves the relief-based distinction as the only way to explain the differing results of these Supreme Court cases 23 See, e.g., Brown v. Frey, 807 F.2d at 1409 ; Graham v. Baughman, 772 F.2d at 443 ; see also Burnside v. White, 760 F.2d 217 (8th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 576 , 88 L.Ed.2d 559 (1985): The role of this Court in the present case is not to make the determination whether we, sitting as the Board of Parole, would have chosen to release Burnside, but rather to determine whether the de…
discussed
Cited "see, e.g."
Bressman v. Farrier
See, e.g., Brown v. Frey, 807 F.2d at 1409; Graham v. Baughman, 772 F.2d at 443; see also Burnside v. White, 760 F.2d 217 (8th Cir.), cert. denied, 474 U.S. 1022 , 106 S.Ct. 576 , 88 L.Ed.2d 559 (1985): The role of this Court in the present case is not to make the determination whether we, sitting as the Board of Parole, would have chosen to release Burnside, but rather to determine whether the decision not to release Burnside was made in accordance with the demands of the Constitution.
discussed
Cited "see, e.g."
United States v. Melinda Barany
(2×)
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
(2×)
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).
examined
Cited "see, e.g."
John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim Fortune
(4×)
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."
Nicely v. USX
See Scott v. Local 863, International Brotherhood of Teamsters, 725 F.2d 226, 229 (3d Cir.1984) (citing Clayton v. Automobile Workers, 451 U.S. 679, 689-693 , 101 S.Ct. 2088, 2095-97 , 68 L.Ed.2d 538 (1981)); See also Dowty v. Pioneer Rural Electric Co-op., Inc., 770 F.2d 52, 56 (6th Cir.) cert. denied, 474 U.S. 1021 , 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985) (limitations period begins to run when plaintiff knows or should have known of the union’s alleged breach); DelCostello v. International Brotherhood of Teamsters, 588 F.Supp. 902, 909, n. 21 (D.Md.1984) affirmed 679 F.2d 879 (4th Cir.1984)…
examined
Cited "see, e.g."
United States v. Raymond W. Vance
(4×)
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.
discussed
Cited "see, e.g."
Marcus Galindo v. Stoody Company, and Local 803, Allied Industrial Workers of America, Afl-Cio, Defendant- Marcus Galindo v. Stoody Company, and International Union of Allied Industrial Workers of America, Afl-Cio
See e.g., Dowty v. Pioneer Rural Electric Cooperative, Inc., 770 F.2d 52, 56 (6th Cir.) (per curiam), cert. denied, --- U.S. ----, 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985); Samples v. Ryder Truck Lines, Inc., 755 F.2d 881, 887 (11th Cir.1985). 23 This general rule, however, is not consistently applied.
discussed
Cited "see, e.g."
Galindo v. Stoody Co.
See e.g., Dowty v. Pioneer Rural Electric Cooperative, Inc., 770 F.2d 52, 56 (6th Cir.) (per curiam), cert. denied, — U.S.-, 106 S.Ct. 572 , 88 L.Ed.2d 557 (1985); Samples v. Ryder Truck Lines, Inc., 755 F.2d 881, 887 (11th Cir.1985).
Retrieving the full opinion text from the archive…
Black
v.
United States
v.
United States
No. 85-765.
Supreme Court of the United States.
Dec 9, 1985.
Cited by 3 opinions | Published
C. A. 9th Cir. Cer-tiorari denied.