Thetford v. United States (1985)

See also United States v. Lippert, 740 F.2d 457, 460 (6th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1200 , 84 L.Ed.2d 344 (1985) (“[W]here a different judge or a different jury impose a harsher sentence after an earlier convic *218 tion has been set aside, the possibility of vindictiveness is remote.”).

Their speech was challenged only to the extent that they fraudulently solicited claims. "[W]here speech becomes an integral part of the crime, a First Amendment defense is foreclosed even if the prosecution rests on words alone." United States v. Freeman, 761 F.2d 549, 552 (9th Cir.1985), cert. denied, 476 U.S. 1120 , 106 S.Ct. 1982 , 90 L.Ed.2d 664 (1986); see United States v. Holecek, 739 F.2d 331, 335 (8th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1200 , 84 L.Ed.…

Their speech was challenged only to the extent that they fraudulently solicited claims. “[W]here speech becomes an integral part of the crime, a First Amendment defense is foreclosed even if the prosecution rests on words alone.” United States v. Freeman, 761 F.2d 549, 552 (9th Cir.1985), cert. denied, 476 U.S. 1120 , 106 S.Ct. 1982 , 90 L.Ed.2d 664 (1986); see United States v. Holecek, 739 F.2d 331, 335 (8th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1200 , 84 L.Ed.…

See United States v. O'Connor, 737 F.2d 814 , 818 (9th Cir.1984), cert. denied, 469 U.S. 1218 (1985) ("This is not a situation where 'government agents engineer and direct the criminal enterprise from start to finish.' " (internal citation omitted)).

See United States v. O’Connor, 737 F.2d 814 , 819 & n. 3 (9th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1198 , 84 L.Ed.2d 343 (1985). 3 .

See United States v. O'Connor, 737 F.2d 814 , 819 (9th Cir. 1984), cert. denied, 469 U.S. 1218 (1985) (evidence of aborted narcotics transaction in 1980 admissible under Rule 404(b) regarding conspiracy in 1981 because it explained how government informant's underlying debt formed basis of undercover sting); see also United States v. McKoy, 771 F.2d 1207, 1214 (9th Cir. 1985) (prior transactions between defendant and co-conspirator admissible under Rule 404(b) where transact…

See also United States v. O’Connor, 737 F.2d 814 , 819 (9th Cir.1984) (affirming a possession conviction even though, because of intense surveillance “there was scant, if any, chance that the government-supplied cocaine would find its *1218 way into distribution.”), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1198 , 84 L.Ed.2d 343 (1985).

See also' United States v. O’Connor, 737 F.2d 814 , 819 (9th Cir.1984) (affirming a possession conviction even though, because of intense surveillance “there was scant, if any, chance that the government-supplied cocaine would find its way into distribution.”), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1198 , 84 L.Ed.2d 343 (1985).

See United States v. O'Connor, 737 F.2d 814 , 819 (9th Cir.1984) (evidence of an aborted Colombian narcotics transaction admissible under Rule 404(b) as explanatory background of Government's undercover operation), cert. denied, 469 U.S. 1218 (1985).

See, e.g., United States v. Hasting, 739 F.2d 1269, 1272 (7th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1199 , 84 L.Ed.2d 343 (1985); Fietzer v. Ford Motor Co., 622 F.2d 281, 284 (7th Cir.1980).

See United States v. Lippert, 740 F.2d 457, 460 (6th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1200 , 84 L.Ed.2d 344 (1985); United States v. Pleasant, 730 F.2d 657, 664 (11th Cir.), cert. denied, 469 U.S. 869 , 105 S.Ct. 216 , 83 L.Ed.2d 146 (1984).

See, e.g., United States v. Lippert, 740 F.2d 457, 460 (6th Cir.), cert. denied, 469 U.S. 1218 (1984). 26 Therefore, because Ferguson has presented no evidence to demonstrate that judicial vindictiveness played a part in his sentencing, or that he was being punished for a successful appeal, his contention as to this point is without merit. 27 Ferguson's second claim is that he was convicted under a vague and indefinite statute, and that the ambiguity of the statute was refle…

See United States v. Hastings, 739 F.2d 1269, 1273 (7th Cir.1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1199 , 84 L.Ed.2d 343 (1985) (“[SJince the record in the present case does not reveal a comparable atmosphere of recognized racial tension,” there is no need to question jurors individually.).

See, e.g., United States v. O’Connor, 737 F.2d 814 , 819-20 (9th Cir.1984), ce rt. denied, 469 U.S. 1218 , 105 S.Ct. 1198 , 84 L.Ed.2d 343 (1985); United States v. Tille, 729 F.2d 615, 621 (9th Cir.), cert. denied, 469 U.S. 845 , 105 S.Ct. 156 , 83 L.Ed.2d 93 (1984); Layton, 720 F.2d at 561 .

See, e.g., United States v. O’Connor, 737 F.2d 814 , 817-18 (9th Cir.1984) (use of informant to sell cocaine provided by government was not outrageous), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1198 , 84 L.Ed.2d 343 (1985); see also United States v. Bowling, 666 F.2d 1052, 1054-55 (6th Cir.1981) (informant’s participation in nonviolent property crimes held not to be outrageous), cert. denied, 455 U.S. 960 , 102 S.Ct. 1475 , 71 L.Ed.2d 680 (1982); United States v. Brown, 635 F…

As a general matter, voir dire (absent special circumstances not present here) need only provide “some basis for a reasonably knowledgeable exercise of the right of challenge whether for cause or peremptory.” United States v. Jackson, 542 F.2d 403, 413 (7th Cir.1976); see also United States v. Hasting, 739 F.2d 1269, 1273 (7th Cir. 1984), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1199, 1200 , 84 L.Ed.2d 343 (1985); Fietzer v. Ford Motor Co., 622 F.2d 281, 284 (7th Cir.1980).

McCullough , 475 U.S. at -, 106 S.Ct. at 980, 89 L.Ed.2d at 112 ; see also United States v. Lippert, 740 F.2d 457, 460 (6th Cir.1984) (“where a different judge or a different jury impose a harsher sentence after an earlier conviction has been set aside, the possibility of vindictiveness is *1493 remote”), cert. denied, 469 U.S. 1218 , 105 S.Ct. 1200 , 84 L.Ed.2d 344 (1985); Brown v. District Court, 637 F.Supp. 1096, 1099 (E.D.N.Y.1986) (indicating the Pearce presumption does…