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cited 2× by 1 distinct case, last quoted 1993 ·
…a district court's decision- on the amount-of cocaine a defendant is to be held accountable for is a finding of fact which must be accepted by a court of appeals unless clearly erroneous.
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1991
2008
2026
Top citers, strongest first. 31 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Ronald K. McMillen Also Known as Mac, and Olanrewaju Raji
when choosing between a number of plausible estimates of drug quantity, none of which is more likely than not the correct quantity, a court must err on the side of caution
examined
Cited as authority (quoted)
United States v. George Clemons, Jr.
(2×)
a district court's decision- on the amount-of cocaine a defendant is to be held accountable for is a finding of fact which must be accepted by a court of appeals unless clearly erroneous.
discussed
Cited "see"
United States v. Randle
(2×)
also: Cited "see, e.g."
See United States v. Thompson, 906 F.2d 1292, 1298 (8th Cir.), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990); see also Carroll v. United States, 267 U.S. 132, 158-59 , 45 S.Ct. 280, 287 , 69 L.Ed. 543 (1925) (creating the exception); California v. Acevedo, 500 U.S. 565 , 111 S.Ct. 1982, 1985-87 , 114 L.Ed.2d 619 (1991) (discussing the development of the automobile exception).
discussed
Cited "see"
United States v. Antoine Andre Miller
(2×)
See generally United States v. Walton, 908 F.2d 1289, 1294 (6th Cir.), cert. denied, 498 U.S. 906 , 111 S.Ct. 273 , 112 L.Ed.2d 229 , and cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 541 , and cert. denied, 498 U.S. 990 , 111 S.Ct. 532 , 112 L.Ed.2d 542 (1990); United States v. Gibson, 896 F.2d 206, 209 (6th Cir.1990).
cited
Cited "see"
Johnson v. Grob
See U.S. v. Thompson, 906 F.2d 1292, 1297-98 (8th Cir.), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990).
discussed
Cited "see"
United States v. Flores Rivera
See Brandon, ___ _______ 17 F.3d at 440 (finding acquittals to be a relevant factor in upholding a district court's denial of a severance)(collecting cases). 3 Federal law requires that all grand and petit jurors have the ability to speak English and read, write and understand English with proficiency sufficient to fill out satisfactorily the juror qualification form. 28 U.S.C. 1865(b)(2) & (3). -12- cert. denied, 498 U.S. 990 (1990).
discussed
Cited "see"
United States v. John Shorter, A/K/A Leon J. Johnson, A/K/A Larry Johnson, and Jerre Tanksley
See United States v. Walton, 908 F.2d 1289, 1302 (6th Cir.) ("[T|he guidelines do not permit the District Court to hold a defendant responsible for a specific quantity of drugs unless the court can conclude the defendant is more likely than not actually responsible for a quantily greater than or equal to the quantity for which the defendant is being held responsible.”), cert. denied, 498 U.S. 990 , 111 S.Ct. 532 , 112 L.Ed.2d 542 (1990).
discussed
Cited "see"
United States v. Ade Logan Lagbara Milton
United States v. Moss, 9 F.3d 543, 552 (6th Cir.1993); see United States v. Walton, 908 F.2d 1289, 1301 (6th Cir.), cert. denied, 498 U.S. 990 (1990). 19 The district court made no findings of fact with regard to the amount of cocaine base to be attributed to Milton in determining his base offense level.
cited
Cited "see"
United States v. Robert James Bruning
See United States v. Bruning, 914 F.2d 212 (10th Cir.), cert. denied, 498 U.S. 990 (1990). 10 Mr. Bruning in his brief to this court fails to inform us why the bills are obviously counterfeit.
discussed
Cited "see"
United States v. Harold Samour (92-3847) and Shannon Roberts (92-3888)
(2×)
See United States v. Walton, 908 F.2d 1289, 1301-02 (6th Cir.), cert. denied, 498 U.S. 989 , 990, 111 S.Ct. 530 , 532, 112 L.Ed.2d 541 , 542 (1990).
discussed
Cited "see"
United States v. Lawrence Ozel Little
See United States v. Walton, 908 F.2d 1289, 1293-94 (6th Cir.), cert. denied, 498 U.S. 990 (1990). 38 Our cases establish two standards of review for determining whether a polygraph reference was harmless.
discussed
Cited "see"
United States v. Raymond H. Curtsinger (92-6044) and Pete Gilbert (92-6067)
See United States v. Walton, 908 F.2d 1289, 1299 (6th Cir.), cert. denied, 498 U.S. 990 (1990). 60 Curtsinger and Gilbert assert that Rule 404(b) allows evidence of other crimes, wrongs, or acts to impeach a witness.
discussed
Cited "see"
United States v. Torres Rivera
See, ___ e.g., United States v. Aponte-Suarez, 905 F.2d 483, 488 (1st ____ _____________ _____________ Cir.), cert. denied, 498 U.S. 990 (1990) (finding sufficient _____ ______ evidence to support single conspiracy where appellants were involved in only one of three attempts by a major dealer to purchase cocaine).
discussed
Cited "see"
United States v. Alberto Ortiz
See United States v. Walton, 908 F.2d 1289, 1302 (6th Cir.) (“[W]hen choosing between a number of plausible estimates of drug quantity, none of which is more likely than not the correct quantity, a court must err on the side of caution.”), cert. denied, 498 U.S. 990 , 111 S.Ct. 532 , 112 L.Ed.2d 542 (1990).
discussed
Cited "see"
United States v. Moreno
See United States v. ___ _____________ -23- -23- Aponte-Su rez, 905 F.2d 483 , 491 (1st Cir.) (mere presence at the _____________ scene of a crime and knowledge that a crime was to be committed is not proof of guilt), cert. denied, 498 U.S. 990 (1990); see ____________ ___ also Nye & Nissen v. United States, 336 U.S. 613, 619 (1949). ____ _____________ _____________ Furthermore, and with all due respect, concluding that persons present at the scene of a shooting, and thereafter fleeing, are more likely to be carrying weapons is highly illogical.
discussed
Cited "see"
United States v. Moreno
See United States v. -23- Aponte-Su rez, 905 F.2d 483 , 491 (1st Cir.) (mere presence at the scene of a crime and knowledge that a crime was to be committed is not proof of guilt), cert. denied, 498 U.S. 990 (1990); see also Nye & Nissen v. United States, 336 U.S. 613, 619 (1949).
discussed
Cited "see"
United States v. Raymond Moreno, Jr.
(2×)
See United States v. Aponte-Suárez, 905 F.2d 483 , 491 (1st Cir.) (mere presence at the scene of a crime and knowledge that a crime was to be committed is not proof of guilt), cert. denied, 498 U.S. 990 , 111 S.Ct. 531 , 112 L.Ed.2d 541 (1990); see also Nye & Nissen v. United States, 336 U.S. 613, 619 , 69 S.Ct. 766, 770 , 93 L.Ed. 919 (1949).
discussed
Cited "see"
United States v. Lavarr E. Walker
See United States v. Walton, 908 F.2d 1298, 1300 (6th Cir.1990), cert. denied, 498 U.S. 990 (1990) (court rejected defendant's challenge to 40 year sentence as cruel and unusual punishment where defendant directed a major cocaine distribution enterprise).
examined
Cited "see"
United States v. Watonio L. Jackson
(4×)
See United States v. Walton, 908 F.2d 1289, 1301-02 (6th Cir.), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 541 , 498 U.S. 990 , 111 S.Ct. 532 , 112 L.Ed.2d 542 (1990) (remanding two cases for resentenc-ing because the sentencing court’s estimate of the amount of drugs involved was not established by a preponderance of the evidence).
discussed
Cited "see"
United States v. Michael H. Miroyan, Michael Miroyan v. United States
See United States v. Walton, 908 F.2d 1289, 1299 (6th Cir.), cert. denied, 498 U.S. 990 (1990); United States v. Boyd, 885 F.2d 246, 248 (5th Cir.1989); Granados, 962 F.2d at 773 . 46 (b) Enhancements 47 Miroyan claims that the district court erred in increasing his base offense level by two levels, pursuant to U.S.S.G. § 3C1.1, for obstruction of justice.
cited
Cited "see"
Douglas Wayne Thompson v. J. R. Williamson
See United States v. Thompson, 906 F.2d 1292 , 1295 n.6 (8th Cir), cert. denied, 111 S. Ct. 530 (1990) 4 The Honorable Floyd E.
discussed
Cited "see"
James Harold Peterson and Paula Peterson v. City of Plymouth, Minnesota Michael Ridgley David Lindman Mark Bevins Steven Scollard and Scott Kluck
See United States v. Thompson, 906 F.2d 1292, 1297 (8th Cir.) (placing suspects in separate squad cars constituted an arrest under the circumstances), cert. denied, — U.S. -, 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990); State v. Lohnes, 344 N.W.2d 605, 610 (Minn.1984) (suspect arrested where held inside police ear for three to four hours); 4 cf. Florida v. Royer, 460 U.S. 491, 502-03 , 103 S.Ct. 1319, 1326-27 , 75 L.Ed.2d 229 (1983) (plurality opinion) (suspect arrested where taken to small police room at airport for questioning).
discussed
Cited "see"
United States v. Doug Perry
See United States v. Thompson, 906 F.2d 1292, 1298 (8th Cir.) ("We have no trouble finding probable cause to search the trunk ... particularly after the search of [the vehicle's] interior further corroborated [a tip about a bank robbery].”), cert. denied, — U.S. —, 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990). 4 .
discussed
Cited "see, e.g."
People v. Owens
(People v Guzman, supra, at 413 ; see, United States v Rioux, 97 F3d 648, 659 [2d Cir 1996]; see also, United States v AponteSuarez, 905 F2d 483, 492 [1st Cir], cert denied 498 US 990 [1990] [upholding the English requirement in Puerto Rico].) This court finds the Court of Appeals decision in People v Guzman (supra), holding that a deaf person who understood and spoke in signed English was qualified to serve as a juror, is consistent with the mandate of Judiciary Law § 510 (4).
discussed
Cited "see, e.g."
Washington v. Lambert
See, e.g., United States v. Thompson, 906 F.2d 1292, 1294 (8th Cir.) (informant’s tip indicating that men in car were going to rob bank and were carrying “three large caliber handguns”), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990); Greene, 783 F.2d at 1368 ("The informant told the police that she had seen a pistol in the motel room of the two men she had described.”) .
discussed
Cited "see, e.g."
State v. Sanderson
State v. Cordova, 109 Ariz. 439, 441 , 511 P.2d 621, 623 (1973); State v. Cordero, 174 Ariz. 556, 560 , 851 P.2d 855, 859 (App.1992); see also United States v. Aponte-Suarez, 905 F.2d 483, 492 (1st Cir.), cert. denied, 498 U.S. 990 , 111 S.Ct. 531 , 112 L.Ed.2d 541 (1990) (finding no Sixth Amendment violation in exclusion of persons not proficient in English from Puerto Rican juries); State v. Paz, 118 Idaho 542, 551-52 , 798 P.2d 1, 10-11 (1990) (even assuming that dismissal of non-English speakers constituted systematic exclusion under Duren, supported by significant state interest), cert. d…
discussed
Cited "see, e.g."
United States v. Alexander Young
See, e.g., United States v. Thompson, 906 F.2d 1292, 1298 (8th Cir.), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990) ("We have no trouble finding probable cause to search the trunk of the vehicle for evidence of criminal activity, particularly after the search of its interi- or further corroborated the informant's tip that appellant and his companion were traveling to the Twin Cities to rob a bank.”); United States v. Williams, 526 F.2d 1000, 1002 (6th Cir.1975) (finding probable cause existed to search a vehicle for a weapon because the vehicle matched a detailed broadc…
cited
Cited "see, e.g."
United States v. Fernando F. Reyes
See United States v. Taylor, 937 F.2d 676, 681 (D.C.Cir.1991); see also United States v. Ramirez, 910 F.2d 1069, 1071 (2d Cir.), cert. denied, 498 U.S. 990 , 111 S.Ct. 531 , 112 L.Ed.2d 542 (1990).
discussed
Cited "see, e.g."
United States v. Mena-Robles
See, e.g., United States v. Aponte-Suarez, 905 F.2d 483, 488 (1st Cir.), cert. denied, 498 U.S. 990 , 111 S.Ct. 531 , 112 L.Ed.2d 541 (1990) (finding sufficient evidence to support single conspiracy where appellants were involved in only one of three attempts by a major dealer to purchase cocaine).
discussed
Cited "see, e.g."
United States v. Gary A. Jones
See also United States v. Walton, 908 F.2d 1289, 1301 (6th Cir.) (recognizing that a district court's factual findings as to the amount of drugs attributable to a defendant may be overturned only if they are clearly erroneous), cert. denied, 498 U.S. 990 (1990).
discussed
Cited "see, e.g."
United States v. Vetter Moore
However, the "systematic exclusion of [blacks] during the jury selection process, resulting in jury venires not 'reasonably representative' of the community, denies a criminal defendant his right, under the Sixth and Fourteenth Amendments, to a petit jury selected from a fair cross section of the community." Duren v. Missouri, 439 U.S. 357, 358-59 (1979) (citing Taylor v. Louisiana, 419 U.S. 522 (1975)). 17 To establish a prima facie violation of the fair-cross section requirement, appellant would have to show the following: 18 1) that the group alleged to be excluded is a "distinctive" group …
Retrieving the full opinion text from the archive…
Avery
v.
United States
v.
United States
No. 90-5986.
Supreme Court of the United States.
Nov 26, 1990.
Published
Citer courts: Sixth Circuit (2) · Seventh Circuit (1)
C. A. 6th Cir. Certiorari denied.