UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,

v.

SAMUEL SANCHEZ AND FRANCISCO ARMENDARIS, DEFENDANTS-APPELLEES

Citator

Cited By

• Moore v. Balkcom, 716 F.2d 1511 (11th Cir. 1983)
  …udge McMillan’s Imposition of the Death Sentence In our original panel opinion, we concluded that the sentencing judge committed constitutional error by considering a non-statutory aggravating factor in imposing the death penalty. Moore v. Balkcom, 709 F. 2d 1353, 1361-67 (11th Cir.1983). In doing so, we had not had the opportunity to review the Supreme Court’s holding in Zant v. Stephens,-U.S.-, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983).7 In that case, the Court squarely held that a death sentence imposed und…
• Pollgreen v. Morris, 770 F.2d 1536 (11th Cir. 1985)
  …f fines under 8 U.S.C. § 1323. United States v. Blanco, 754 F. 2d 940, 942 (11th Cir.1985) (elements of duress not established by vessel owner); United States v. Sanchez, 520 F.Supp. 1038 (S.D.Fla.1981), aff'd 703 F. 2d 580 (11th Cir.), reh. denied, 709 F. 2d 1353 (11th Cir.1983) (we determined on rehearing in Sanchez that “it would have been absolutely futile for the appellees [vessel owners] to have raised a defense of duress or coercion in the administrative proceedings.”) Although, because of the imprimat…
• Lyden v. Howerton, 783 F.2d 1554 (11th Cir. 1986)
  ….C. § 1323. Pollgreen v. Morris, 770 F. 2d 1536, 1538 (11th Cir.1985); see also United States v. Blanco, 754 F. 2d 940 (11th Cir.1985); United States v. Sanchez, 520 F.Supp. 1038, 1040-41 (S.D.Fla.1981), aff'd, 703 F. 2d 580, on denial of rehearing, 709 F. 2d 1353, 1353 (11th Cir.1983). The court in Lyden found that duress had been made out as a matter of law from the facts in the administrative record and those adduced in the trial below. The INS, however, had failed to contest any of the evidence adduced…