UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT S. FALCONE, SANDRA S. FALCONE, DEFENDANTS-APPELLANTS

11th Cir. | 1991-08-12
No. 89-5718
Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges.
939 F.2d 1455 Court of Appeals for the Eleventh Circuit (1991) Negative Treatment
Cited by 19 cases

Opinion of the Court
BY THE COURT:

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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Citator

Cited By (19 total)

  • United States v. Calderon, 127 F.3d 1314 (11th Cir. 1997)
    …racy, but the proof at trial indicates that a jury could reasonably conclude that some of the defendants were only involved in separate conspiracies unrelated to the overall conspiracy charged in the indictment. United States v. Laetividal-Gonzalez, 939 F. 2d 1455, 1465 (11th Cir.1991) (emphasis added) (citing Kotteakos v. United States, 328 U.S. 750, 765, 66 S.Ct. 1239, 1248, 90 L.Ed. 1557 (1946), cert. denied sub nom., Ocampo v. United States, 503 U.S. 912, 112 S.Ct. 1280, 117 L.Ed.2d 505 (1992)). Thus, th…
  • United States v. Alzate, 47 F.3d 1103 (11th Cir. 1995)
    …had a well-grounded fear that the threat would be carried out, and that he had no reasonable opportunity to escape or inform [the] police.’ ” United States v. Jones, 32 F. 3d 1512, 1515 (11th Cir.1994) (quoting United States v. Laetividal-Gonzalez, 939 F. 2d 1455, 1465 (11th Cir.1991), cert. denied, 503 U.S. 912, 112 S.Ct. 1280, 117 L.Ed.2d 505 (1992)); see also United States v. Sixty Acres in Etowah County, 930 F. 2d 857, 860 (11th Cir.1991). Alzate attempted to persuade the jury that men to whom he owed a…
  • United States v. Keyvee Jones, 32 F.3d 1512 (11th Cir. 1994)
    …he acted under an immediate threat of death or serious bodily injury, that he had a well-grounded fear that the threat would be carried out, and that he had no reasonable opportunity to escape or inform police.” United States v. Laetividal-Gonzalez, 939 F. 2d 1455, 1465 (11th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1280, 117 L.Ed.2d 505 (1992). In support of his duress defense, Jones testified that he did not assist Arnold and White voluntarily. He represents that he entered the bank masked and exited…

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