How cited: United States v. Jesus Losada and Rosalinda Losada · Go Syfert

United States v. Jesus Losada and Rosalinda Losada (1982)

green · 217 citation events across 23 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1982 → 2026 · click a year to view the case as of then
198220042026
But See · 9th Cir. · signal: but see · 4 citations in this opinion
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
yellow United States v. Medina (1991)
But See · 9th Cir. · signal: but see · 4 citations in this opinion
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
Rule Authority · 2d Cir. · 3 citations in this opinion
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 .
Rule Authority · 2d Cir. · 2 citations in this opinion
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 .
Rule Authority · 2d Cir.
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).
Rule Authority · 2d Cir.
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).
Rule Authority · 2d Cir.
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).
Rule Authority · 2d Cir. · signal: cf.
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
Rule Authority · 3rd Cir.
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)).
Rule Authority · 3rd Cir.
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)).
green United States v. Ramos (2002)
Rule Authority · 2d Cir.
“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, …
Rule Authority · 2d Cir.
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).
Quote Authority · 2d Cir. · signal: see also
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."
Rule Authority · 10th Cir.
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.
Rule Authority · 2d Cir.
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…
Rule Authority · 2d Cir.
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…
Rule Authority · 2d Cir.
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).
Rule Authority · 3rd Cir.
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).
Rule Authority · 3rd Cir.
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).
Quote Authority · S.D.N.Y. · signal: see, e.g. · 3 citations in this opinion
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.”
green Francis v. People (2012)
Rule Authority · virginislands · 2 citations in this opinion
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).
green Nicholas v. People (2012)
Rule Authority · virginislands · 2 citations in this opinion
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)).
green Heyliger v. People (2017)
Rule Authority · virginislands
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).
green Charles v. People (2014)
Rule Authority · virginislands
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)).
green Mills v. People (2013)
Rule Authority · D.V.I.
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.
green Hughes v. People (2013)
Rule Authority · virginislands
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)).
green Simmonds v. People (2013)
Rule Authority · virginislands
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)).
green Ostalaza v. People (2013)
Rule Authority · virginislands
“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)).
green Rawlins v. People (2013)
Rule Authority · virginislands
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)).
green Galloway v. People (2012)
Rule Authority · virginislands
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)).
green Castor v. People (2012)
Rule Authority · virginislands
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)).
green Fontaine v. People (2012)
Rule Authority · virginislands
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)).
green Ambrose v. People (2012)
Rule Authority · virginislands
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).
green Brown v. People (2010)
Rule Authority · virginislands
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).
green Murrell v. People (2010)
Rule Authority · virginislands
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)).
green Francis v. People (2010)
Rule Authority · virginislands
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 .
green Bowry v. People (2009)
Rule Authority · virginislands
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)).
green Ritter v. People (2009)
Rule Authority · virginislands
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).
green Latalladi v. People (2009)
Rule Authority · virginislands
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).
green Joseph v. People (2008)
Rule Authority · D.V.I.
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.
Rule Authority · D.V.I.
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)).
Rule Authority · D.V.I.
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.
Rule Authority · D.V.I.
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.
Rule Authority · E.D.N.Y
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 .
Rule Authority · S.D.N.Y.
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)).
green Patterson v. Headley (1999)
Rule Authority · S.D.N.Y.
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).
green United States v. Kipp (1998)
Rule Authority · N.D.N.Y.
“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).
green United States v. Canty (1997)
Rule Authority · N.D.N.Y.
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).
Rule Authority · N.D.N.Y.
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).
Rule Authority
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).