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Positive treatment
Quoted verbatim 2×
9.9 score
“we could hardly attribute to congress the intention of branding someone a career criminal offender who, for example, committed several separate felonies during a single drunken spree, with no time to sober up and reconsider between the separate incidents.”
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. John T. Hunter, Jr.
intuitive assumptions that are not fairly quantifiable
examined
Cited as authority (quoted)
United States v. Harry H. Owens, A/K/A Bessellieu, Jamesea
we could hardly attribute to congress the intention of branding someone a career criminal offender who, for example, committed several separate felonies during a single drunken spree, with no time to sober up and reconsider between the separate incidents.
discussed
Cited "see"
United States v. John E. Gibson
See Usman v. United States, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990) (“intuitive assumptions that are not fairly quantifiable” are valid, race-neutral reasons); United States v. Swinney, 970 F.2d 494, 496 (8th Cir.) (Government may exercise its peremptory strikes “using intuitive guesses about jurors’ attitudes towards the Government and the subject matter of the case, relying on the jurors’ ... general demeanor, and personal traits”), cert. denied, 506 U.S. 1011 , 113 S.Ct. 632 , 121 L.Ed.2d 563 (1992).
discussed
Cited "see"
Akins v. United States
(2×)
See United States v. Briscoe, 896 F.2d 1476, 1505 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990). [21] Taper also claims that his conviction for PFCV must be reversed.
discussed
Cited "see"
United States v. Rodney L. McNeal
See United States v. Briscoe, 896 F.2d 1476, 1512 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990) (defendant is not entitled to have his particular instruction presented to the jury); cf. United States v. Caliendo, 910 F.2d 429, 437 (7th Cir.1990) (argument that a separate trial would have improved chance of acquittal insufficient to overturn denial of motion to sever).
discussed
Cited "see"
United States v. Messino
See United States v. Briscoe, 896 F.2d 1476, 1500 (7th Cir.) (“It is well settled that in narcotics prosecutions, a defendant’s possession and expenditure of large sums of money, as well as his or her failure to file tax returns, are relevant to establish that, in all probability, the reason for the failure to report this income is due to the defendant’s participation in illegal activities.”), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see"
Select Creations, Inc. v. Paliafito America, Inc.
See United States v. Briscoe, 896 F.2d 1476 , 1494 — 95 (7th Cir.1990) (affirming admission of authenticated telephone computer records into evidence), cert. denied sub nom, Usman v. United States, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see"
United States v. Taylor
See United States v. Briscoe, 896 F.2d 1476, 1500 (7th Cir.) (in narcotics cases, defendant's failure to file tax returns admissible to show that defendant lacked legitimate source of income), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 (1990). 63 5.
discussed
Cited "see"
United States v. Bertoli
Rule 1006 does not require “that it be literally impossible to examine all the underlying records [before a summary chart may be utilized], but only that in-court examination would be an inconvenience.” United States v. Possick, 849 F.2d 332, 339 (8th Cir.1988); see United States v. Briscoe, 896 F.2d 1476, 1495 (7th Cir.), cert. denied sub nom., Usman v. United States, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Stephens, 779 F.2d 232, 239 (5th Cir.1985); United States v. Jennings, 724 F.2d 436, 441-42 (5th Cir.), cert. denied, 467 U.S. 1227 , 104 S.Ct. 2682 , 8…
cited
Cited "see"
United States v. Thyrus Montez Brown
See United States v. Briscoe, 896 F.2d 1476, 1489-90 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see"
United States v. Joseph Byerley
United States v. Hernandez, 948 F.2d 316, 321 (7th Cir.1991); see United States v. Briscoe, 896 F.2d 1476, 1504 (7th Cir.), cert. denied sub nom., Usman v. United States, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
cited
Cited "see"
United States v. Ronald J. Smith, James J. Marren, and Gerald T. Louison
See United States v. Briscoe, 896 F.2d 1476, 1517 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
cited
Cited "see"
Paul R. Duckworth v. Department of Navy Department of Justice
See United States v. Spillone, 879 F.2d 514, 520 (9th Cir.1989), cert. denied, 111 S.Ct. 173 , 210 (1990).
discussed
Cited "see"
United States v. Miles Davis Saunders
See United States v. Briscoe, 896 F.2d 1476, 1514-15 (7th Cir.), cert. denied, — U.S.-, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Douglas, 818 F.2d 1317, 1321 (7th Cir.1987), cert. denied, 493 U.S. 841 , 110 S.Ct. 126 , 107 L.Ed.2d 87 (1989); cf. United States v. Townsend, 924 F.2d 1385, 1415 (7th Cir.1991) (denying buyer-seller jury instruction where evidence suggested conspiracy to distribute).
discussed
Cited "see"
In Re Grand Jury Investigation. United States of America v. The Corporation 1
See United *1072 States v. Spillone, 879 F.2d 514, 520 (9th Cir.1989) (prosecutorial misconduct presents a mixed question of law and fact that is reviewed de novo), cert. denied, — U.S. -, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990), and cerf. denied, — U.S. -, 111 S.Ct. 210 , 112 L.Ed.2d 170 (1990); United States v. McConney, 728 F.2d 1195, 1204-05 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 , 105 S.Ct. 101 , 83 L.Ed.2d 46 (1984).
cited
Cited "see"
United States v. Benjamin F. Gay Iii, Roy M. Porter
See United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989), cert, denied, — U.S. -, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
cited
Cited "see"
United States v. Gilbert Fuentes
See United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989), cert. denied, 111 S.Ct. 173 , 210 (1990).
cited
Cited "see"
United States v. Dennis D. Hoffman
See United States v. Briscoe, 896 F.2d 1476, 1519 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see"
United States v. Leroy Williams, Jr., A/K/A Kenneth Williams
See United States v. Balascsak, 873 F.2d 673 (3d Cir.1989), cert. denied, 111 S.Ct. 173 (1990) (interpreting statute prior to 1988 amendment, en banc court evenly divided on whether predicate offenses require intervening convictions). 9 Williams argues that the legislative history of the Armed Career Criminal Act must be examined because it supports his contention that § 924(e) should not apply to him.
cited
Cited "see"
United States v. Leonard Strickland, Ronald B. Carson, Armand D. Moore, Neal Jackson and Otis Wilson
See United States v. Briscoe, 896 F.2d 1476, 1503 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see"
United States v. Mark Schmanke
See United States v. Briscoe, 896 F.2d 1476 , 1521 & n. 35 (7th Cir.), cert. denied, 111 S.Ct. 173 (1990). 7 With respect to the fourth, and final, assertion, Schmanke must show that the challenged information was inaccurate, and that the district court relied on the misinformation in passing sentence.
discussed
Cited "see"
State v. Crowder
(2×)
See United States v. Briscoe (7th Cir. 1990), 896 F.2d 1476 , cert. denied,_U.S._, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Rich (8th Cir. 1986), 795 F.2d 680 .
discussed
Cited "see"
United States v. Iona M. Moore
See United States v. Briscoe, 896 F.2d 1476, 1494-95 (7th Cir.), cert. denied, — U.S.-, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990) (proper foundation established where “government provides sufficient facts to warrant a finding that the [computer] records are trustworthy and the opposing party is afforded an opportunity to inquire into the accuracy thereof and how the records were maintained and produced”); Linn, 880 F.2d at 216 .
discussed
Cited "see, e.g."
United States v. Wendell T. Jackson
Compare United States v. Balascsak, 873 F.2d 673, 682 (3d Cir.1989) (en banc) (plurality holding that "first conviction must have been rendered before the second crime was committed”), cert. denied, 498 U.S. 864 , 111 S.Ct. 173 , 112 L.Ed.2d 138 (1990) with United States v. Schoolcraft, 879 F.2d 64, 73-74 (3d Cir.) (rejecting the plurality’s reasoning in Balascsak and finding "persuasive” the view that the criminal episodes must be "distinct in time”), cert. denied, 493 U.S. 995 , 110 S.Ct. 546 , 107 L.Ed.2d 543 (1989). 3 .
cited
Cited "see, e.g."
United States v. Deborah Johnson-Dix, Carlos Meyers, Darrell Walton, Carl A. Dawson, Jr., and Garrett Thompson
See, e.g., United States v. Briscoe, 896 F.2d 1476, 1498 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Davis, 838 F.2d 909, 916 (7th Cir.1988).
discussed
Cited "see, e.g."
United States v. Frank A. Stephenson, Michael L. Tate, and Donnell M. Hill
United States v. Nava-Salazar, 30 F.3d 788, 796 (7th Cir.1994); see also United States v. Briscoe, 896 F.2d 1476, 1504 (7th Cir.1990) cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see, e.g."
United States v. Robert J. Paters
United States v. Douglas, 818 F.2d 1317, 1320 (7th Cir.1987), cert. denied, 493 U.S. 841 , 110 S.Ct. 126 , 107 L.Ed.2d 87 (1989); see also United States v. Briscoe, 896 F.2d 1476, 1512 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see, e.g."
United States v. Shu Yan Eng
Prix, 672 F.2d 1077, 1084 (2d Cir.) ("In a narcotics prosecution, it is well established that the government may introduce evidence of cash purchases coupled with tax evidence tending to show that a defendant had no legitimate source of cash."), cert. denied, 456 U.S. 992 , 102 S.Ct. 2274 , 73 L.Ed.2d 1287 (1982); see also United States v. Briscoe, 896 F.2d 1476, 1500 (7th Cir.) ("It is well settled that in narcotics prosecutions, a defendant's possession and expenditure of large sums of money, as well as his or her failure to file tax returns, are relevant to establish that the defendant lack…
discussed
Cited "see, e.g."
United States v. Shu Yan Eng
Prix, 672 F.2d 1077, 1084 (2d Cir.) (“In a narcotics prosecution, it is well established that the government may introduce evidence of cash purchases coupled with tax evidence tending to show that a defendant had no legitimate source of cash.”), cert. denied, 456 U.S. 992 , 102 S.Ct. 2274 , 73 L.Ed.2d 1287 (1982); see also United States v. Briscoe, 896 F.2d 1476, 1500 (7th Cir.) (“It is well settled that in narcotics prosecutions, a defendant’s possession and expenditure of large sums of money, as well as his or her failure to file tax returns, are relevant to establish that the defend…
discussed
Cited "see, e.g."
United States v. Dennard
Grinkiewicz, 873 F.2d at 255 (citing United States v. Mastrangelo, 733 F.2d 793, 800 (11th Cir.1984); United States v. Smith, 918 F.2d 1501 , 1515 n. 5 (11th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 151 , 116 L.Ed.2d 117 (1991); United States v. Davis, 799 F.2d 1490, 1496 (11th Cir.1986); United States v. Stovall, 825 F.2d 817, 821 (5th Cir.1987), amended, 833 F.2d 526 (1987); See also United States v. Briscoe, 896 F.2d 1476, 1522 (7th Cir.1990), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990).
discussed
Cited "see, e.g."
Jones v. State
See also United States v. Briscoe , 896 F.2d 1476 , 1488 (7th Cir.), cert. denied, 498 U.S. 863 , 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990) (reason that *Page 471 juror who had previously worked as a youth supervisor at a correctional center might have tendency to be sympathetic toward defendants was a valid race-neutral reason despite juror's statement that her experience would not prejudice her, and that she could be fair to both sides).
discussed
Cited "see, e.g."
United States v. Dimostenis Zambaftis, A/K/A Danny Zambaftis
See United States v. Zambrana, 841 F.2d 1320, 1338 (7th Cir.1988); see also United States v. Carrasco, 887 F.2d 794, 803 (7th Cir.1989). 3 Second, counsel suggests an impropriety in the jurors' use of written transcripts of the tapes. "[C]ourts possess wide discretion in determining whether to permit the jury to use written transcripts as aids in listening to tape recordings." United States v. Briscoe, 896 F.2d 1476, 1490 (7th Cir.) (quoting United States v. Keck, 773 F.2d 759, 766 (7th Cir.1985)), cert. denied, 111 S.Ct. 173 (1990).
discussed
Cited "see, e.g."
United States v. Dorothy Williams, Melvin Smith, Eugene Moore, Willie Henry Jenkins, Ralph Lipsey, Jr.
See also United States v. Briscoe, 896 F.2d 1476, 1488 (7th Cir.) (knowledge of the area where heroin transactions occurred sufficient to strike jurors that lived in neighborhood), cert. denied, — U.S. —, 111 S.Ct. 173 , 112 L.Ed.2d 137 (1990); United States v. Mitchell, 877 F.2d 294, 303 (4th Cir.1989) (in case against popular congressman’s nephews, Government could exercise peremptories against individuals living in district represented by defendants’ uncle).
Retrieving the full opinion text from the archive…
Sanchez-Ortiz
v.
United States
v.
United States
No. 90-5150.
Supreme Court of the United States.
Oct 1, 1990.
Published
Citer courts: Eleventh Circuit (1) · Seventh Circuit (1)
C. A. 9th Cir. Certiorari denied.