United States v. Jesus Losada and Rosalinda Losada (1982)
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· 217 citation events
across 23 courts.
Showing the 50 strongest citers on record
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Treatment trajectory · 1982 → 2026 · click a year to view the case as of then
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United States v. Carlos Martinez Medina, United States of America v. Rodimiro Rojas-Oquita, AKA Rody, United … (1991)
But a district court ought not allow a jury to apply the statute to the occasional or small-time dealer, see Losada, 674 F.2d at 173 (substantial income language "clearly was intended to exclude trivial amounts derived from occasional drug sales"); Jeffers, 532 F.2d at 1117 ("congress did not seek to punish small-time operators under this section"), or to minor players in larger operations, see United States v. Ayala, 769 F.2d 98, 102-03 (2d Cir.1985) (evidence insufficient …
dicta
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United States v. Medina (1991)
But a district court ought not allow a jury to apply the statute to the occasional or small-time dealer, see Losada, 674 F.2d at 173 (substantial income language “clearly was intended to exclude trivial amounts derived from occasional drug sales”); Jeffers, 532 F.2d at 1117 (“congress did not seek to punish small-time operators under this section”), or to minor players in larger operations, see United States v. Ayala, 769 F.2d 98, 102-03 (2d Cir.1985) (evidence insufficient …
dicta
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United States v. O'Connor (2011)
See, e.g., Zafiro, 506 U.S. at 538-39 , 113 S.Ct. 933 ; Carson, 702 F.2d at 366 ; Losada, 674 F.2d at 169, 171 .
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United States v. Montague (2023)
United States v. Losada, 674 F.2d 167, 174 (2d Cir. 1982); United States v. Young, 745 F.2d 733, 747 (2d Cir. 1984); Aiello, 864 F.2d at 264 ; Monsanto, 348 F.3d at 348 .
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Bunnenberg v. Liberty Mutual Fire Insurance Company (2026)
Evid. 804(a)(5), including “a voluntary request[] to obtain [her] attendance.” United States v. Losada, 674 F.2d 167, 172 (2d Cir. 1982); see also Askew v. Lindsay, No. 21- 799-pr, 2022 WL 17748623 , at *2 (2d Cir. Aug. 1, 2022) (affirming a district court’s exclusion of hearsay where the proponent only sent two unanswered messages to Facebook accounts bearing the declarant’s name and called several telephone numbers possibly associated with the declarant).
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United States v. Wynder, Jr. (2025)
The district court further mitigated any potential prejudice by instructing the jury to consider “each defendant’s involvement in [each] count separately” and reach a verdict “based 21 solely upon the evidence about each defendant.” JA-1360; see Zafiro, 506 U.S. at 541 ; United States v. Losada, 674 F.2d 167, 171 (2d Cir. 1982).
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United States v. Gillon, Aguirre (2023)
The CCE statute “does not prescribe the minimum amount of money required to constitute ‘substantial’ income, but the language clearly was intended to exclude trivial amounts derived from occasional drug sales.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Askew v. Police Officer Lindsay (2022)
Cf. United States 7 v. Losada, 674 F.2d 167, 172 (2d Cir. 1982) (holding that the burden of showing unavailability 8 met where witness, a “Colombian citizen living in Colombia,” was “not subject to compulsory 9 process,” and the government was unable to obtain his attendance by voluntary request). 10 Accordingly, because Askew did not demonstrate his inability, “by process or other reasonable 11 means, to procure [Benjamin’s] attendance,” Fed.
holding that the burden of showing unavailability 8 met where witness, a “Colombian citizen living in Colombia,” was “not subject to compulsory 9 process,” and the government was unable to obtain his attendance by voluntary request
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United States v. Earl Moore (2011)
As a result, “a claim of insufficiency of the evidence places a very heavy burden on an appellant.” United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir.1990) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S.Ct. 2945 , 73 L.Ed.2d 1341 (1982)).
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United States v. Carlson (2006)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir.1990) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir.1982)).
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United States v. Ramos (2002)
“A defendant challenging a conviction based upon a claim of insufficiency of the evidence bears a heavy burden.” United States v. Feliciano, 223 F.3d 102, 113 , (2d Cir.2000) cert. denied, 532 U.S. 943 , 121 S.Ct. 1405 , 149 L.Ed.2d 348 (2001); see, e.g., United States v. Esdaille, 769 F.2d 104, 108 (2d Cir.), cert. denied, 474 U.S. 923 , 106 S.Ct. 258 , 88 L.Ed.2d 264 (1985); United States v. Martino, 759 F.2d 998, 1002 (2d Cir.1985); United States v. Losada, 674 F.2d 167, …
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United States v. Meneilly (2001)
See, e.g., United States v. Esdaille, 769 F.2d 104, 108 (2d Cir.), cert. denied, 474 U.S. 923 , 106 S.Ct. 258 , 88 L.Ed.2d 264 (1985); United States v. Martino, 759 F.2d 998, 1002 (2d Cir.1985); United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S.Ct. 2945 , 73 L.Ed.2d 1341 (1982).
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United States v. Archie Joyner (2000)
Here, the drug and firearm charges were intertwined with the arson charges because the arson was ordered to "eliminate drug competition." 49 Moreover, Carter has failed to "show prejudice so severe that his conviction constituted a miscarriage of justice, and that the denial of his motion constituted an abuse of discretion." United States v. Rosa, 11 F.3d 315, 341 (2d Cir. 1993) (citations omitted); see also United States v. Losada, 674 F.2d 167, 171 (2d Cir. 1982) ("In deci…
"In deciding whether the trial court's [decision not to grant a severance] was correct, a reviewing court should consider the need for judicial economy and the extent to which the judge instructed the jury to consider the evidence separately with respect to each defendant."
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United States v. Montano (1999)
The record shows that Montano purchased a 1994 Chevrolet truck for $24,000.00 in cash and gave between $12,000.00 and $15,000.00 in cash to his girlfriend for “safekeeping.” See United States v. Losada, 674 F.2d 167, 173 (2nd Cir. 1982) (stating that the statute does not -5- prescribe a minimum amount of money required to constitute “substantial” income, but the language clearly was intended to exclude trivial amounts derived from occasional drug sales.) Judgment affirmed.
stating that the statute does not -5- prescribe a minimum amount of money required to constitute “substantial” income, but the language clearly was intended to exclude trivial amounts derived from occasional drug sales.
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United States v. Salameh (1998)
Furthermore, any possible prejudice was eliminated by the district court's repeated admonitions to the jury that each defendant's guilt had to be separately and individually considered. 3 See, e.g., Hernandez, 85 F.3d at 1029-30 (rejecting claim of prejudicial spillover where "the district court instructed the jury that it was required to consider the evidence against each defendant individually for each count"); United States v. Losada, 674 F.2d 167, 171 (2d Cir.1982) (same…
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United States v. Salameh (1998)
Furthermore, any possible prejudice was eliminated by the district court’s repeated admonitions to the jury that each defendant’s guilt had to be separately and individually considered. 3 See, e.g., Her nandez, 85 F.3d at 1029-30 (rejecting claim of prejudicial spillover where “the district court instructed the jury that it was required to consider the evidence against each defendant individually for each count”); United States v. Losada, 674 F.2d 167, 171 (2d Cir.1982) (sam…
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United States v. Joseph Morales (1997)
See, e.g., United States v. Esdaille, 769 F.2d 104, 108 (2d Cir.), cert. denied, 474 U.S. 923 (1985); United States v. Martino, 759 F.2d 998, 1002 (2d Cir.1985); United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125 (1982).
Consequently, a “claim of insufficiency places a very heavy burden on an appellant.” United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir.1990) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S.Ct. 2945 , 73 L.Ed.2d 1341 (1982)), cert. denied, 499 U.S. 982 , 111 S.Ct. 1637 , 113 L.Ed.2d 733 (1991).
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United States v. Anderskow (1996)
Consequently, a "claim of insufficiency places a very heavy burden on an appellant." United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S. Ct. 2945 (1982)), cert. denied, 499 U.S. 982 , 111 S. Ct. 1637 (1991).
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United States v. Ozsusamlar (2006)
See, e.g., id. (“The government submitted an affidavit and memorandum detailing its efforts to obtain Lemos’ attendance.
“The government submitted an affidavit and memorandum detailing its efforts to obtain Lemos’ attendance. Judge Dooling properly accepted the government’s representations and ruled that Lemos’ prior testimony was admissible.”
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Francis v. People (2012)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears “a very heavy burden.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Nicholas v. People (2012)
A defendant seeking to overturn his conviction on this basis bears “ ‘a very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Heyliger v. People (2017)
Therefore, “[a]n appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears a very heavy burden.” Id. (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)) (internal quotation marks omitted).
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Charles v. People (2014)
An appellant who challenges the sufficiency of the evidence bears a “very heavy burden.” Latalladi v. People, 51 V.I. 137, 145 (V.I. 2009) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Mills v. People (2013)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3rd Cir. 1990) (citing United States v. Losada, 674 F.2d 167, 173 (2nd Cir. 1982)). 2.
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Hughes v. People (2013)
A defendant seeking to overturn his conviction on this basis bears “ ‘a very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Simmonds v. People (2013)
A defendant seeking to overturn his conviction on this basis bears “ ‘a very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Ostalaza v. People (2013)
“An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears ‘a very heavy burden.’ ” Id. (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Rawlins v. People (2013)
A defendant seeking to overturn his conviction on this basis bears “ ‘a very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Galloway v. People (2012)
A defendant seeking to overturn his conviction on this basis bears “ ‘a very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Castor v. People (2012)
An appellant who challenges the sufficiency of the evidence bears a “ ‘very heavy burden.’ ” Latalladi v. People, 51 V.I. 137, 145 (V.I. 2009) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Fontaine v. People (2012)
Instead, it is well established that an appellant who challenges the sufficiency of the evidence bears a “ ‘very heavy burden.’ ” Latalladi, 51 V.I. at 145 (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Ambrose v. People (2012)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears “a very heavy burden.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Brown v. People (2010)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears ”a very heavy burden.“ United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Murrell v. People (2010)
Thus, “[a]n appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears ‘a very heavy burden.’ ” Id. (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Francis v. People (2010)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears “a very heavy burden.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982). 51 V.I. at 145 .
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Bowry v. People (2009)
Thus, “[a]n appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears ‘a very heavy burden.’ ” Id. (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Ritter v. People (2009)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears “a very heavy burden.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Latalladi v. People (2009)
An appellant who seeks to overturn a conviction on insufficiency of the evidence grounds bears “a very heavy burden.” United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982).
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Joseph v. People (2008)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (citing United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)). 2.
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Smith v. Government of the Virgin Islands (2008)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (citing United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)).
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Maynard v. Government of the Virgin Islands (2008)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (citing United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)). 2.
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Thomas v. Government of the Virgin Islands (2007)
United States v. Gonzalez, 918 F.2d 1129, 1132 (3d Cir. 1990) (citing United States v. Losada, 674 F.2d 167, 173 (2d Cir. 1982)). 2.
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United States v. Dionisio (2006)
Indeed, when the district court, on remand, granted Jesus’s motion to dismiss on double jeopardy grounds, the court dismissed the conspiracy count against Rosalinda "because of the government's failure to honor a plea agreement.” United States v. Losada, 674 F.2d 167, 169 (2d Cir.1982) (reporting district court outcome on remand). 5 .
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United States v. Bin Laden (2000)
See, e.g., Salameh, 152 F.3d at 116-17 (“[A]ny possible prejudice was eliminated by the district court’s repeated admonitions to the jury that each defendant’s guilt had to be separately and individually considered.”) (citing United States v. Hernandez, 85 F.3d 1023, 1029-30 (2d Cir.1996); United States v. Losada, 674 F.2d 167, 171 (2d Cir.1982)).
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Patterson v. Headley (1999)
Thus, under Jackson , the petitioner bears “a very heavy burden.” United States v. Carson, 702 F.2d 351, 361 (2d Cir.1983) (quoting United States v. Losada, 674 F.2d 167, 173 (2d Cir.1982)); accord Fernandez v. Dufrain, 11 F.Supp.2d 407, 416 (S.D.N.Y.1998).
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United States v. Kipp (1998)
“The defendant seeking a severance must shoulder the difficult burden of showing that the prejudice to him from join-der is sufficiently severe to outweigh the judicial economy that would be realized by avoiding lengthy multiple trials.” Panza, 750 F.2d at 1149 ; United States v. Losada, 674 F.2d 167, 171 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S.Ct. 2945 , 73 L.Ed.2d .l341 (1982).
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United States v. Canty (1997)
See United States v. Panza, 750 F.2d 1141, 1149 (2d Cir.1984)(“[t]he defendant seeking a severance must shoulder the difficult burden of showing that the prejudice to him from joinder is sufficiently severe to outweigh the judicial economy that would be realized by avoiding lengthy multiple trials”); United States v. Losada, 674 F.2d 167, 171 (2d Cir.1982).
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United States v. Murgas (1997)
United States v. Losada, 674 F.2d 167, 171 (2d Cir.1982); United States v. Ramirez, 602 F.Supp. 783, 787 (S.D.N.Y.1985).
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United States v. Hernandez (1996)
See id. at 556-57 ; United States v. Losada, 674 F.2d 167, 171 (2d Cir.), cert. denied, 457 U.S. 1125 , 102 S.Ct. 2945 , 73 L.Ed.2d 1341 (1982).