green
Positive treatment
Quoted verbatim 1×
10.8 score
“we hold that "uses" and "carries" 1 should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Debra York
we hold that "uses" and "carries" 1 should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions
discussed
Cited as authority (rule)
United States v. Patrick Sims
The language of Sec. 924(c)(1) "should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions." Id. at 952 (footnote omitted).
discussed
Cited as authority (rule)
Medicare&medicaid Guide P 42,064 United States of America v. Carol Sims-Robertson, M.D. Roger M. Morrell, M.D. Reginald Roquemore Gerald Najor, R.PH. Greg Baise, R.PH. Dennis McAlpin R.PH. Richard Maurer, R.PH.
If so, the court must consider whether the probative value of the evidence is outweighed by its prejudicial effect. 68 Id. at 948-49 (internal quotations omitted); Robison, 904 F.2d at 368 . 69 McAlpin and Najor argue the testimony was wrongfully admitted because it was not similar to the charged conduct, its probative value was outweighed by its prejudicial effect, it was really admitted as improper propensity and character evidence, and the trial court failed to balance the probative value of the testimony against its prejudicial effect. 70 The government claims the testimony was properly ad…
cited
Cited as authority (rule)
United States v. Barry G. Rattigan
Rather, section 924(c) has been broadly construed to mean " 'possession of a firearm which in any manner facilitates the execution of a felony.' " Id. at 952 (citation omitted).
discussed
Cited as authority (rule)
United States v. Dwayne E. Head
In United States v. Acosta-Cazares, 878 F.2d 945 (6th Cir.), cert. denied, 493 U.S. 899 (1989), we noted that "there is no constitutional right to testify untruthfully at trial.... [A] sentence may be enhanced where a district judge believes the defendant committed perjury." Id. at 953. 12 When Head was first sentenced prior to remand, the district judge stated: 13 [T]he court observed that the defendant was evasive in his manner as well as his answers.
discussed
Cited as authority (rule)
United States v. Gregory T. Davis
(2×)
also: Cited "see"
Id. at 951.
cited
Cited "see"
United States v. Rodia Heard
See United States v. Acosta-Cazares, 878 F.2d 945, 950-51 (6th Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989). 7 .
discussed
Cited "see"
United States v. Eric Taylor, A/K/A \Shug
See United States v. Acosta-Cazares, 878 F.2d 945 (6th Cir.), cert. denied, 493 U.S. 899 (1989). 19 Merely being a passenger in an automobile is insufficient to demonstrate the "requisite knowledge, power, or intention to exercise control" required to find constructive possession of weapons hidden in the automobile.
cited
Cited "see"
United States v. Daniel J. Hughes
See United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.), cert. denied, 493 U.S. 899 (1989); United States v. Henry, 878 F.2d 937, 942 (6th Cir. 1989).
cited
Cited "see"
United States v. Eric Lamont Sherrod
See United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.) (employing "drug fortress" theory), cert. denied, 493 U.S. 899 (1989).
discussed
Cited "see"
Kenneth Allen Lawless v. United States
See United States v. Acosta-Cazares, 878 F.2d 945, 951-53 (6th Cir.) (adopting the fortress analogy), cert. denied, 493 U.S. 899 (1989) Defendant also argues that he is entitled to a reduction in his sentence due to a subsequent amendment to the United States Sentencing Guidelines ("U.S.S.G."), which provides that the carrier medium for LSD should not be used to calculate weight for sentencing purposes.
cited
Cited "see"
United States v. Willie F. Critton, Jr. (93-4391) Janet L. Livingston (93-4392) and Leslie E. Livingston (93-4393)
See United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989).
discussed
Cited "see"
United States v. Gary McClellan A/K/A Jerome L. McClellan A/K/A James Johnson A/K/A Lenn Jerome Johnson A/K/A Kent Jackson
See United States v. Acosta-Cazares, 878 F.2d 945, 951-52 (6th Cir.) (citing with approval cases that have applied Sec. 924(c) to firearms transported in a criminal's glove compartment or trunk), cert. denied, 493 U.S. 899 (1989); accord United States v. Castro-Lara, 970 F.2d 976, 982-83 (1st Cir.1992) (holding that a jury could find a violation of 18 U.S.C.
cited
Cited "see"
United States v. Arnold F. Hohn
See United States v. Davenport, 935 F.2d 1223, 1233 (11th Cir.1991); accord United States v. Tyler, 878 F.2d 753, 757 (3d Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 254 , 107 L.Ed.2d 203 (1989).
discussed
Cited "see"
United States v. William Henry Croom, IV
See United States v. Acosta-Cazares, 878 F.2d 945 (6th Cir.), cert. denied, 493 U.S. 899 (1989). 14 For the foregoing reasons, the decision of the district court is affirmed. * The Honorable Charles W.
discussed
Cited "see"
United States v. Anthony Medina (91-1852) Nathaniel Wilson (91-1869) Neville King (91-1891/1892)
(2×)
See United States v. Acosta-Cazares, 878 F.2d 945, 953 (6th Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989).
discussed
Cited "see"
United States v. Timothy Wayne Morrow (89-5418/5708) and George Mooneyham (89-5710)
(2×)
See United States v. Acosta-Cazares, 878 F.2d 945, 951-52 (6th Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989); United States v. Matra, 841 F.2d 837, 843 (8th Cir.1988) (a gun is used within the meaning of section 924(c) if, although not brandished or discharged, it nonetheless is an integral part of the criminal undertaking and its availability increases the likelihood that the criminal undertaking will succeed); see also United States v. Henry, 878 F.2d 937, 944 (6th Cir.1989).
cited
Cited "see"
Burton H. Wolfe v. International Brotherhood of Teamsters
See Gorenc v. Salt River Project, 869 F.2d 503, 504-509 (9th Cir.) (discussing the four tests for state action established by the Supreme Court), cert. denied, 493 U.S. 899 (1989).
cited
Cited "see"
United States v. Claude Hall, Sr., Donna Hall, and Claude Hall, Jr.
See United States v. Acosta-Cazares, 878 F.2d 945 (6th Cir.). cert. denied, 493 U.S. 899 (1989).
discussed
Cited "see"
Harvey v. State
(2×)
See United States v. Acosta-Cazares, 878 F.2d 945 (6th Cir.), cert. denied 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989) compared with the more current case of United States v. Dunnigan, 944 F.2d 178 (4th Cir.1991), cert. granted ___ U.S. ___, 112 S.Ct. 2272 , 119 L.Ed.2d 199 (1992).
discussed
Cited "see"
United States v. Joe Henry Carter, Jr., Joseph Estel Hammack
Kuntze v. United States, 488 U.S. 932 , 109 S.Ct. 324 , 102 L.Ed.2d 341 (1988); accord United States v. Stewart, 879 F.2d 1268, 1271 (5th Cir.) (“[T]o warrant a new trial, prosecutorial misconduct ‘must be so pronounced and persistent that it permeates the entire atmosphere of the trial.’ ” (quoting United States v. Blevins, 555 F.2d 1236, 1240 (5th Cir.1977), cert. denied, 434 U.S. 1016 , 98 S.Ct. 733 , 54 L.Ed.2d 761 (1978))), cert. denied, 493 U.S. 899 , 110 S.Ct. 256 , 107 L.Ed.2d 205 (1989).
discussed
Cited "see"
United States v. Deondra D. Gray (91-1242) Frank Johnson (91-1262) Lonnie L. Griffin (91-1265)
See United States v. Acosta-Cazares, 878 F.2d 945, 950-51 (6th Cir.) (where no Rule 403 objection to 404(b) evidence made at trial and therefore no balancing appears in record, we review the record to determine if admission was an abuse of the district court's discretion), cert. denied, 493 U.S. 899 (1989).
cited
Cited "see"
United States v. Charles Granis Spencer and Ralph Napier
See United States v. Acosta-Cazares, 878 F.2d 945, 951-952 (6th Cir.), cert. denied, 493 U.S. 899 (1989). 13 B.
discussed
Cited "see, e.g."
United States v. Jamie Scott Abner
Jackson v. Virginia, 443 U.S. 307, 324 , 99 S.Ct. 2781, 2791-92 , 61 L.Ed.2d 560 (1979); see also United States v. Acosta-Cazares, 878 F.2d 945, 954-52 (6th Cir.), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989).
discussed
Cited "see, e.g."
United States v. Dallas Elry Voyles
(2×)
See also United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.) (The terms " 'uses' and 'carries' should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions.") (footnote omitted), cert. denied, 493 U.S. 899 (1989). "[T]he statute does not require actual physical possession of a weapon or that the defendant actually brandished the weapon in the commission of a drug offense." Id. 72 The evidence against Voyles is overwhelming in that he was seen reaching for, then concealing, a fully…
discussed
Cited "see, e.g."
United States v. Alvaro Rojo-Alvarez, United States v. Adalberto Franco-Montoya, United States v. Walter Antonio Palacio-Perez, United States v. Carlos Arevalo-Gomez
Id.; see also U.S. v. Acosta-Cazares, 878 F.2d 945, 953 (6th Cir.) ("no constitutional right to testify untruthfully"), cert. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989). 39 Regarding the applicability of the 1990 amendment, Palacio was sentenced in September 1990; the amendment did not take effect until November 1, 1990 and thus, should not apply to his sentencing.
cited
Cited "see, e.g."
United States v. Rojo-Alvarez
Id.; see also U.S. v. Acosta-Cazares, 878 F.2d 945, 953 (6th Cir.) (“no constitutional right to testify untruthfully”), cer t. denied, 493 U.S. 899 , 110 S.Ct. 255 , 107 L.Ed.2d 204 (1989).
Retrieving the full opinion text from the archive…
Tyler
v.
United States
v.
United States
No. 89-5490.
Supreme Court of the United States.
Oct 10, 1989.
Published
Citer courts: Sixth Circuit (1)
C. A. 3d Cir. Certiorari denied.