GROSS

v.

UNITED STATES

Citator

Cited By (27 total)

• Jones v. Thomas, 491 U.S. 376 (U.S. 1989)
  …ful imposition of two sentences may be cured by vacating the shorter of the two sentences even where it has been completed. See Hardy v. [*387] United States, 292 F. 2d 192 (CA8 1961); United States v. Leather, 271 F. 2d 80 (CA7 1959), cert. denied, 363 U. S. 831 (1960). Ironically, respondent’s argument for immediate release thus depends on the fact that he was given consecutive terms, which are typically reserved for more culpable offenders. We have previously observed that “[t]he Constitution does not req…
• United States v. Bohle, 445 F.2d 54 (7th Cir. 1971)
  …. In such a case the defendant has no notice of a defect of venue until the Government rests without proving what it has alleged. Until he has such notice, there can be no waiver. United States v. Gross, 276 F. 2d 816, 819 (2d Cir. 1960), cert. den. 363 U.S. 831, 80 S.Ct. 1602, 4 L.Ed.2d 1525. However, where the fact of improper venue is apparent on the face of the indictment, it has been uniformly held that the objection is waived if not presented before the close of the Govern [*59] ment’s case and perha…
• United States v. Hyman Abrams, 427 F.2d 86 (2d Cir. 1970)
  …e files “at this particular time.” This was not a case where the jury was certain to infer that appellant had previously exercised his privilege against self incrimination. See United States v. Gross, 276 F. 2d 816, 820-821, (2d Cir.), cert. denied, 363 U.S. 831, 80 S.Ct. 1602, 4 L.Ed.2d 1525 (1960); Fletcher v. United States, 118 U.S.App.D.C. 137, 332 F. 2d 724 (1964). Even assuming the jury might have drawn an inference prejudicial to appellant, not only did appellant’s counsel help create the situation…