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Positive treatment
Quoted verbatim 5×
13.4 score
G Cite
cited 4× by 2 distinct cases, last quoted 1996 · 2 courts ·
…upon becoming aware the first documentation furnished was improper, rosebud had a right to remedy the defect before the expiration of the credit
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 36 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Banco General Runinahui, S.A. v. Citibank International
(2×)
upon becoming aware the first documentation furnished was improper, rosebud had a right to remedy the defect before the expiration of the credit
examined
Cited as authority (quoted)
Banco General Runinahui, S.A. v. Citibank International
(2×)
upon becoming aware the first documentation furnished was improper, rosebud had a right to remedy the defect before the expiration of the credit
examined
Cited as authority (quoted)
State v. Johnson
(2×)
sleeping compartments simply are not homes on rails.
examined
Cited as authority (quoted)
United States v. Glen Mark, Jr.
(2×)
trial courts are vested with broad discretion in sentencing and, if a sentence is within statutory limits, it will not be reviewed absent extraordinary circumstances.
discussed
Cited as authority (quoted)
Donald Raulerson v. United States
wjhere an issue raised on appeal by a habeas petitioner has not been advanced in the district court, it is not properly before the court of appeals.
discussed
Cited "see"
United States v. Robert C. Lahue, United States of America v. Dan Anderson, United States of America v. Ronald H. Lahue, the American Hospital Association Federation of American Health Systems Association of American Medical Colleges American Osteopathic Association Missouri Hospital Association National Association of Criminal Defense Lawyers, Amici Curiae
However, in Hunter, we left open the possibility "that where the prosecutor's denial of immunity is a deliberate attempt to distort the fact finding process, a court could force the government to choose between conferring immunity or suffering an acquittal." Hunter, 672 F.2d at 818 ; see United States v. Chalan, 812 F.2d 1302, 1310 (10th Cir. 1987) (same), cert. denied, 488 U.S. 983 (1988). 111 We need not decide this legal question and are not persuaded to overturn the district court's finding for two reasons.
discussed
Cited "see"
United States v. LaHue
(2×)
However, in Hunter , we left open the possibility “that where the prosecutor’s denial of immunity is a deliberate attempt to distort the fact finding process, a court could force the government to choose between conferring immunity or suffering an acquittal.” Hunter, 672 F.2d at 818 ; see United States v. Chalan, 812 F.2d 1302, 1310 (10th Cir.1987) (same), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988).
discussed
Cited "see"
United States v. LaHue
However, in Hunter, we left open the possibility "that where the prosecutor's denial of immunity is a deliberate attempt to distort the fact finding process, a court could force the government to choose between conferring immunity or suffering an acquittal." Hunter, 672 F.2d at 818 ; see United States v. Chalan, 812 F.2d 1302, 1310 (10th Cir. 1987) (same), cert. denied, 488 U.S. 983 (1988). 118 We need not decide this legal question and are not persuaded to overturn the district court's finding for two reasons.
discussed
Cited "see"
United States v. Garcia
(2×)
See United States v. Chalan, 812 F.2d 1302, 1307 (10th Cir.1987) (defendant’s confession was voluntary despite law enforcement officer’s exhortations to tell the truth), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988); United States v. Morgan, 911 F.Supp. 1340, 1350 (D.Kan.1995) (mere exhortations by law enforcement officers to tell the truth are not sufficient to render a defendant’s statements involuntary).
discussed
Cited "see"
United States v. Flynn
(2×)
See United States v. Chalan, 812 F.2d 1302, 1306 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988).
discussed
Cited "see"
John Mills, Jr. v. Harry K. Singletary, Secretary, Florida Department of Corrections
(2×)
See Marsden v. Moore, 847 F.2d 1536, 1543 (11th Cir.) (holding that petitioner had failed to establish presumed prejudice despite a substantial number of jurors’ exposure to newspaper articles disclosing inadmissable evidence), ce rt. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988); cf. Bundy, 850 F.2d at 1425 (“[Prejudice is not presumed simply because the defendant’s criminal record is well publicized.”).
cited
Cited "see"
United States v. Willie Michael Bullard
See United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.), cert. denied, 488 U.S. 983 (1988).
discussed
Cited "see"
United States v. Patrick E. Washington
(2×)
See United States v. Chalan, 812 F.2d 1302, 1307-08 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988); Esnault v. Colorado, 980 F.2d 1335, 1336 (10th Gir.1992), cert. denied, — U.S. -, 113 S.Ct. 1607 , 123 L.Ed.2d 169 (1993) (Sixth Amendment right of accused to be present).
discussed
Cited "see"
Charles B. Splunge v. Dick Clark and Indiana Attorney General
(2×)
See United States v. Chalan, 812 F.2d 1302, 1312-1314 (10th Cir.1987) (prima facie case of discrimination made when prosecutor struck only remaining venire member of defendant’s race), certiorari denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988).
discussed
Cited "see"
United States v. Alexander
(2×)
See United States v. Whitehead, 849 F.2d 849, 857-58 (4th Cir.), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988).
discussed
Cited "see"
State v. Whittey
See Marsden v. Moore, 847 F.2d 1536, 1545-46 (11th Cir.), cert. denied, 488 U.S. 983 (1988) (witness did not have an adequate opportunity to view the suspect where she saw at most a profile of the suspect and was unable to identify him from a photographic array containing photographs of only him); Thigpen v. Cory, 804 F.2d 893, 896-97 (6th Cir. 1986), cert. denied, 488 U.S. 918 (1987) (witness’s identification of the suspect was not reliable where the suspect was behind the witness during most of the five-minute robbery, the witness turned to look at the suspect briefly only once, and the wi…
discussed
Cited "see"
United States v. James Austin
(2×)
See United States v. Chalan, 812 F.2d 1302, 1307-08 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988).
examined
Cited "see"
Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections
(4×)
See Marsden v. Moore, 847 F.2d 1536, 1545 (11th Cir.) (procedure unduly suggestive when witness shown only three pictures--one of the defendant, one of the defendant and his wife, and one of the defendant's wife), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988); Dobbs v. Kemp, 790 F.2d 1499, 1506 (11th Cir.1986) (photographic identification procedure unduly suggestive where one victim only shown four photographs of the defendant and other witness shown 12 photographs, four of which were of the defendant and two of which were of individuals of a different race), modified on …
discussed
Cited "see"
Armando Cordoba v. Michael Hanrahan
(2×)
See United States v. Chalan, 812 F.2d 1302, 1307 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988).
discussed
Cited "see"
United States v. Oscar Antonio Giraldo-Avendano. Appeal of Oscar Giraldo-Avendano
(2×)
This case does not present the question which has divided the circuits as to whether the supervised release provision went into effect on October 27, 1986, as this court has held, Gozlon-Peretz, 894 F.2d at 1404 ; accord United States v. Torres, 880 F.2d 113, 115 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 873 , 107 L.Ed.2d 956 (1990), or on November 1, 1987, as some other Courts of Appeals have held, United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.1988), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988), and cases cited in Gozlon-Peretz, 894 F.2d at 1404 .
discussed
Cited "see"
United States v. Ronald C. Hollinger, United States of America v. Michael Tapp
See United States v. Whitehead, 849 F.2d 849 (4th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 534 (1988) 2 The government does not challenge the district court's decision to depart from criminal history category II to category I, and we thus leave that determination undisturbed.
discussed
Cited "see"
James William Dickerson v. United States
See United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.), cert. denied, 109 S.Ct. 534 (1988); United States v. Smith, 840 F.2d 886, 889-90 (11th Cir.), cert. denied, 109 S.Ct. 154 (1988); United States v. Byrd, 837 F.2d 179, 180-82 (5th Cir.1988).
discussed
Cited "see"
United States v. Sidney Wayne Bishop, A/K/A \Sid\"
See United States v. Whitehead, 849 F.2d 849, 859-60 (4th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988) ("Congress' approach of classifying punishment in relation to the quantity of substances containing narcotics rather than to their purity is rationally related to its goal of sentencing criminals involved in the upper echelons of drug distribution more heavily than those less importantly involved"); United States v. Klein, 860 F.2d 1489, 1501 (9th Cir.1988) ("Large-volume dealers, regardless of purity of narcotic, pose a substantial danger to society"); United St…
discussed
Cited "see"
United States v. Bishop
See United States v. Whitehead, 849 F.2d 849, 859-60 (4th Cir.), cert. denied, — U.S. -, 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988) (“Congress’ approach of classifying punishment in relation to the quantity of substances containing narcotics rather than to their purity is rationally related to its goal of sentencing criminals involved in the upper echelons of drug distribution more heavily than those less importantly involved”); United States v. Klein, 860 F.2d 1489, 1501 (9th Cir.1988) (“Large-volume dealers, regardless of purity of narcotic, pose a substantial danger to society”); Un…
discussed
Cited "see"
United States v. Ernesto Romero-Reyna
See United States v. Chalan, 812 F.2d 1302 (10th Cir.1987), cert. denied, - U.S. *562 -, 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988) (prosecutor may offer additional reasons for exercise of peremptory challenges on remand); United States v. Horsley, 864 F.2d 1543 (11th Cir.1989) (same).
discussed
Cited "see"
Beltre v. United States
See United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.), cert. denied, — U.S. -, 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988); United States v. Smith, 840 F.2d 886, 889-90 (11th Cir.), cert. denied, — U.S. -, 109 S.Ct. 154 , 102 L.Ed.2d 125 (1988).
discussed
Cited "see, e.g."
United States v. Angelos
(2×)
See, e.g., United States v. Chalan, 812 F.2d 1302, 1315 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988). 21 . 508 U.S. 129 , 113 S.Ct. 1993 , 124 L.Ed.2d 44 (1993). 22 .
discussed
Cited "see, e.g."
State v. Bessix
See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.
discussed
Cited "see, e.g."
United States v. Carl Wesley Harbin, United States of America v. Carol Elaine Harbin
(2×)
“An error is harmless if the reviewing court, after viewing the entire record, determines that no substantial rights of the defendant were affected, and that the error did not influence or had only a very slight influence on the verdict.” United States v. Cortez, 935 F.2d 135, 140 (8th Cir.1991) (quoting United States v. McCrady, 774 F.2d 868, 874 (8th Cir.1985) (citations omitted)), cert. denied, 502 U.S. 1062 , 112 S.Ct. 945 , 117 L.Ed.2d 114 (1992); see also United States v. Roberts, 844 F.2d 537, 547 (8th Cir.), cert. denied, 488 U.S. 867 , 109 S.Ct. 172 , 102 L.Ed.2d 141 , and 488 U.S…
discussed
Cited "see, e.g."
McWilliams v. State
(2×)
See also Marsden v. Moore, 847 F.2d 1536 (11th Cir.), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988); Daly v. State, 442 So.2d 143 (Ala.Crim.App.1983)." Owen v. State, 586 So.2d 958 (Ala.Cr.App. 1990).
examined
Cited "see, e.g."
Owen v. State
(4×)
See also Marsden v. Moore, 847 F.2d 1536 (11th Cir.), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988); Daly v. State, 442 So.2d 143 (Ala.Crim.App.1983).
discussed
Cited "see, e.g."
United States v. John Patrick Ross, Also Known as Jon P. Ross
(2×)
We stated in Henning that “where a defendant has been convicted of a single drug trafficking offense and more than one firearm was involved, a single violation of § 924(c)(1) occurs.... ” 906 F.2d at 1399 (emphasis added); see also United States v. Chalan, 812 F.2d 1302, 1317 (10th Cir.1987), cert. denied, 488 U.S. 983 , 109 S.Ct. 534 , 102 L.Ed.2d 565 (1988); United States v. Henry, 878 F.2d 937, 943 (6th Cir.1989).
discussed
Cited "see, e.g."
United States v. Sherman L. Goodman
As this Circuit has repeatedly held, "[i]n the absence of the most exceptional circumstances, a sentence that does not exceed the statutory limits is within the sole discretion of the trial judge and an appellate court has no authority to review it." United States v. Truelove, 482 F.2d 1361, 1361 (4th Cir.1973); see also United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.), cert. denied, 109 S.Ct. 534 (1988); United States v. Schocket, 753 F.2d 336, 341 (4th Cir.1985).
discussed
Cited "see, e.g."
United States v. Stanley Ferryman
Compare, e.g., United States v. Levario, 877 F.2d at 1489 (indicating that special parole term should apply to section 841(b)(1)(A) offense) and United States v. Whitehead, 849 F.2d 849, 859-60 (4th Cir.) (similar), cert. denied, — U.S. -, 109 S.Ct. 534 , 102 L.Ed.2d 566 (1988) with United States v. Torres, 880 F.2d 113, 114-15 (9th Cir.1989) (per curiam) *590 {contra; applying term of supervised release).
discussed
Cited "see, e.g."
State v. Christie
See also United States v. Whitehead, 849 F.2d 849 (4th Cir. 1988), cert. denied, — U.S. ---, 102 L.Ed.2d 566 , 109 S.Ct. 534 (1988) (AMTRAK police did not seize defendant on train when they first entered his roomette with consent). *185 Second, defendant was not seized when the officers began questioning him.
discussed
Cited "see, e.g."
United States v. Lawrence J. Kidder
See United States v. Savinovich, 845 F.2d 834, 839-40 (9th Cir.), cert. denied, — U.S. -, 109 S.Ct. 369 , 102 L.Ed.2d 358 (1988); United States v. Kinsey, 843 F.2d 383, 392-93 (9th Cir.), cert. denied, — U.S. —, 108 S.Ct. 2882 , 101 L.Ed.2d 916 (1988); United States v. Solomon, 848 F.2d 156, 157 (11th Cir.1988); United States v. Holmes, 838 F.2d 1175, 1178-79 (11th Cir.), cert. denied, — U.S. -, 108 S.Ct. 2829 , 100 L.Ed.2d 930 (1988); see also United States v. Whitehead, 849 F.2d 849, 860 (4th Cir.) (upholding the mandatory minimum on the grounds that Solem does not require proportion…
Retrieving the full opinion text from the archive…
Nimmons
v.
Alabama
v.
Alabama
No. 88-5362.
Supreme Court of the United States.
Dec 5, 1988.
Ct. Crim. App. Ala. Certiorari denied.