IN RE LARRY JAMES HOWARD, DEBTOR. FIRST NATIONAL BANK OF ATLANTA, APPELLANT,

v.

ROGER W. MOISTER, JR., CHAPTER 7 TRUSTEE FOR LARRY JAMES HOWARD, APPELLEE

Citator

Cited By

• United States v. Harris, 959 F.2d 246 (D.C. Cir. 1992)
  …y provision (21 U.S.C. § 846) and one general conspiracy provision (18 U.S.C. § 371) are charged,4 instead of two specific conspiracies as in Albemaz, but such distinctions have no significance for multiplicity analysis. See United States v. Lanier, 920 F. 2d 887, 892-95 (11th Cir.), cert. denied, — U.S. —, 112 S.Ct. 208, 116 L.Ed.2d 166 (1991). The Supreme Court explicitly stated that if proof of each conspiracy is distinguishable and independent (as it is here because each conspiracy charged had distinct e…
• United States v. Gonzalez, 834 F.3d 1206 (11th Cir. 2016)
  …two conspiracies under which Gonzalez was convicted and sentenced. Thus, for example, the two statutes provide for different maximum punishments — five years for a § 371 conspiracy and 10 years for a § 1347 conspiracy. See United States v. Lanier, 920 F. 2d 887, 892 (11th Cir. 1991) (considering differences in maximum punishment and statutory language under each conspiracy statute in assessing congressional intent in multiplicity analysis). Finally, a panel of this Court has already held that the overt ac…
• United States v. Wilson, 788 F.3d 1298 (11th Cir. 2015)
  …uit, to establish the requisite criminal intent, the government need only prove that defendant knowingly used government property for [his] own purpose[] in a manner that deprived the government of the use of that property.” United States v. Lanier, 920 F. 2d 887, 895 (11th Cir.1991). The defendant must know that his taking of property is an unlawful conversion. Morissette v. United States, 342 U.S. 246, 270-71, 72 S.Ct. 240, 253-54, 96 L.Ed. 288 (1952). “[K]nowing conversion requires more than knowledge tha…

Authorities Cited

• In re Busenlehner v. Busenlehner, 918 F.2d 928 (11th Cir. 1990)