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“the jury also could have inferred guilty knowledge from apparent nervousness and anxiety during the airport inspection”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 22 distinct citers.
discussed
Cited as authority (quoted)
United States v. Aldo Garcia-Soberanis
(2×)
also: Cited "see"
the jury also could have inferred guilty knowledge from apparent nervousness and anxiety during the airport inspection
discussed
Cited "see"
Peggy Poe v. John Leonard, Defendant-Third Party-Plaintiff-Appellant, Douglas Pearl, State of Connecticut, Third-Party-Defendant
See United States v. Attson, 900 F.2d 1427, 1430 (9th Cir.) (“The types of non-law enforcement conduct to which the [Supreme] Court has extended the scope of the [Fourth] [A]mendment are thus typically motivated by some sort of investigatory or administrative purpose designed to elicit a benefit for the government.”), cer t. denied, 498 U.S. 961 , 111 S.Ct. 393 , 112 L.Ed.2d 403 (1990).
discussed
Cited "see"
People v. Holmberg
See United States v. Attson, 900 F.2d 1427 (9th Cir.1990), cert. denied, 498 U.S. 961 , 111 S.Ct. 393 , 112 L.Ed.2d 403 (1990) (Fourth Amendment was designed to apply to the conduct of law enforcement officials engaged in criminal investigations or breaches of other statutory or regulatory standards); see also People v. hoggins, supra (Fourth Amendment applies only to searches and seizures conducted by state officials and designed to elicit a benefit for the government in an investigatory or administrative capacity); Commonwealth v. Cote, 15 Mass.App.Ct. 229 , 444 N.E.2d 1282 (1983) (mere empl…
discussed
Cited "see"
State v. Haynes, Unpublished Decision (1-15-1999)
See State v. Williams (1990), 51 Ohio St.3d 58 , 61 , 554 N.E.2d 108 , 111 , rehearing denied (1990), 52 Ohio St.3d 704 , 556 N.E.2d 530 , certiorari denied (1990), 498 U.S. 961 , 111 S.Ct. 394 . 16 See Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 .
cited
Cited "see"
United States v. Eligio Ramirez-Morales
See United States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
discussed
Cited "see"
United States v. Dean Martin Arnold
(2×)
United States v. Montague, 40 F.3d 1251, 1253-54 (D.C.Cir.1994) (clear-and-convincing); United States v. Onumonu, 999 F.2d 43, 45 (2d Cir.1993) (clear-and-convincing); United States v. Willis, 940 F.2d 1136, 1140 (8th Cir.1991) ("[n]o enhancement should be imposed based on the defendant's testimony if a reasonable trier of fact could find the testimony true"), cert. denied, 507 U.S. 971 , 113 S.Ct. 1411 , 122 L.Ed.2d 782 (1993). 29 As the Court of Appeals explained in Montague, 40 F.3d at 1254 , "[W]e must assume that, in writing the Application Note to section 3C1.1, the Sentencing Commission…
discussed
Cited "see"
United States v. Arnold
Other courts interpret this to require little more than "simply instruct[ing] the sentencing judge to resolve in favor of the defendant those conflicts about which the judge, after weighing the evidence, has no firm conviction." United States v. 14 Franco-Torres, 869 F.2d 797, 801 (5th Cir. 1989); accord United States v. Barbarosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
cited
Cited "see"
United States v. Floyd Daverlin Osborne
See United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
cited
Cited "see"
United States v. David A. Frye
See United States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
discussed
Cited "see"
Lonnie L. Hunt v. R. Michael Cody
See generally Shafer v. Stratton, 906 F.2d 506, 510 (10th Cir.) (habeas challenge to sentence stated only state law question), cert. denied, 498 U.S. 961 (1990). 15 Oklahoma law provides for a bifurcated enhancement proceeding, with consideration given first to the defendant's guilt or innocence of the primary charge, and only after the jury returns a verdict on that charge will the jury then 1) consider the fact of the prior felony conviction, and 2) assess punishment.
cited
Cited "see"
United States v. Bardwin Kevin Bays
See United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990); United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985).
discussed
Cited "see"
United States v. James Henderson Haines
See United States v. Attson, 900 F.2d 1427, 1432 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 393 , 112 L.Ed.2d 403 (1990); United States v. Miller, 688 F.2d 652, 657 (9th Cir.1982); United States v. Walther, 652 F.2d 788, 792-93 (9th Cir.1981).
discussed
Cited "see"
Kieron Allsop v. City of Phoenix, a Body Politic
See United States v. Attson, 900 F.2d 1427, 1433 (9th Cir.), cert. denied, 498 U.S. 961 (1990); see also United States v. Chukwubike, 956 F.2d 209, 212 (9th Cir.1992) (doctor gave police balloons containing a controlled substance after extracting the balloons from the defendant's stomach). 9 On appeal, Allsop contends that the district court erred by granting defendants' motion for summary judgment because there is a genuine issue as to whether his blood was drawn for medical purposes.
cited
Cited "see"
United States v. Koon
See United States v. Barbosa, 906 F.2d 1366, 1369-70 (9th Cir), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990).
discussed
Cited "see"
United States v. Daniel Richard Esparza
See United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.) ("mere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics"), cert. denied, 498 U.S. 961 (1990); United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985) (possession of some eight pounds of cocaine constituted a "substantial quantity" sufficiently supported jury's finding that defendant knowingly possessed narcotics). 9 Additionally, Esparza was the driver and sole occupant of the vehicle with the marijuana.
discussed
Cited "see, e.g."
United States v. Ayala-Tapia
Compare United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.) (“[M]ere possession of a substantial quantity of drugs may be sufficient to support an inference of knowing possession.”), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990), with United States v. Jackson, 55 F.3d 1219, 1226 (6th Cir.) (if drugs are found in “hidden compartment” then additional evidence is necessary), cert. denied, 516 U.S. 926 , 116 S.Ct. 328 , 133 L.Ed.2d 229 (1995).
discussed
Cited "see, e.g."
State v. Burroughs
(2×)
See, e.g., United States v. Attson, 900 F.2d 1427 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 393 , 112 L.Ed.2d 403 (1990); United States v. Pierce, 893 F.2d 669 (5th Cir.1990), cert. denied, 506 U.S. 1007 , 113 S.Ct. 621 , 121 L.Ed.2d 554 (1992); United States v. Lambert, 771 F.2d 83 (6th Cir.), cert. denied, 474 U.S. 1034 , 106 S.Ct. 598 , 88 L.Ed.2d 577 (1985); United States v. Howard, 752 F.2d 220 (6th Cir.), cert. denied, 472 U.S. 1029 , 105 S.Ct. 3506 , 87 L.Ed.2d 636 (1985); 3 United States v. Walther, 652 F.2d 788 (9th Cir.1981).
discussed
Cited "see, e.g."
United States v. Carol Lee Cheatham-Watkins
See, e.g., United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 (1990) (noting the ample additional evidence from which a jury could have inferred knowledge).
cited
Cited "see, e.g."
United States v. Joseph B. Montoya
See also United States v. Barbosa, 906 F.2d 1366, 1370 (9th Cir.), cert. denied, 498 U.S. 961 (1990).
discussed
Cited "see, e.g."
United States v. Olga Hernandez-Limon
Compare id. at 1167 (defendant's convictions reversed despite fact that he "looked nervous" and "several times had eye contact" with co-defendant during investigatory stop) with United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.) (defendant's "apparent nervousness" at airport inspection was valid circumstantial evidence that he knowingly possessed cocaine found in his luggage), cert. denied, 498 U.S. 961 (1990). 37 The government also contends that Hernandez-Limon's alleged attempt to bribe Agent Miller with jewelry from her purse shows a "consciousness of guilt." Red Br. at 26.
discussed
Cited "see, e.g."
United States v. Son Anh Chu
See, e.g., United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.), cert. denied, 498 U.S. 961 , 111 S.Ct. 394 , 112 L.Ed.2d 403 (1990); United States v. Mora, 876 F.2d 76, 77-78 (9th Cir.1989); United States v. Savinovich, 845 F.2d 834, 838 (9th Cir.), cert. denied, 488 U.S. 943 , 109 S.Ct. 369 , 102 L.Ed.2d 358 (1988); United States v. Walitwarangkul, 808 F.2d 1352, 1354 (9th Cir.), cert. denied, 481 U.S. 1023 , 107 S.Ct. 1909 , 95 L.Ed.2d 515 (1987); United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985). 2 .
Sparks
v.
Jabe, Warden
v.
Jabe, Warden
No. 90-5738.
Supreme Court of the United States.
Nov 5, 1990.
Published
Citer courts: Ninth Circuit (1)
C. A. 6th Cir. Certiorari denied.