green
Positive treatment
Quoted verbatim 1×
4.7 score
G Cite
cited 2× by 2 distinct cases, last quoted 1996 ·
…mere presence in the area of an object or awareness of its location is not sufficient to establish possession.
⚠ not in text
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. George Franklin Patrick, Jr.
district courts are required by due process to make factual determinations at sentencing only by a preponderance of the evidence.
discussed
Cited "see"
United States v. Jose Antonio Ortega-Rodriguez
See United States v. Mieres-Borges, 919 F.2d 652 (11th Cir.1990), cert. denied, 499 U.S. 980 , 111 S.Ct. 1633 , 113 L.Ed.2d 728 (1991). 1 *1476 After the appellant was apprehended, his attorney filed a motion for judgment of acquittal and a motion to vacate and resentence on the cocaine convictions.
discussed
Cited "see, e.g."
United States v. Augustin Gonzalez
See also United States v. Mieres-Borges, 919 F.2d 652, 657 (11th Cir.1990), cert. denied, [499] U.S. [980], 111 S.Ct. 1633 , 113 L.Ed.2d 728 (1991) (noting constructive possession requires “knowing exercise” or “knowing power or right to exercise dominion and control”).
discussed
Cited "see, e.g."
United States v. Manuel Pedro, A/K/A Manuel Condiles
See also United States v. Mieres-Borges, 919 F.2d 652, 657 (11th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1633 , 113 L.Ed.2d 728 (1991) (noting constructive possession requires “knowing exercise” or “knowing power or right to exercise dominion and control”).
discussed
Cited "see, e.g."
United States v. George Franklin Patrick, Jr.
See, e.g., United States v. Mieres-Borges, 919 F.2d 652, 662 (11th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1633 , 113 L.Ed.2d 728 (1991). 3 The burden of persuasion and production, however, falls upon the government as a matter of due process to establish not only the elements of the offense as defined by the legislature but also each aggravating factor upon which a harsher sentence is to be based.
Retrieving the full opinion text from the archive…
Zervas
v.
Rice, Secretary of the Air Force
v.
Rice, Secretary of the Air Force
No. 90-7355.
Supreme Court of the United States.
Apr 22, 1991.
Cited by 16 opinions | Published
Citer courts: Eleventh Circuit (1)
C. A. D. C. Cir. Certiorari denied.