HI HAT ELKHORN COAL CO.

v.

NEWMAN

Citator

Cited By (27 total)

• Cardarella v. United States, 375 F.2d 222 (8th Cir. 1967)
  …consecutive to the sentence on the other counts. The convictions of Cardarella and Felix Ferina, a co-defendant, were affirmed by this Court in Ferina v. United States, 8 Cir., 302 F. 2d 95 (1962) cert. denied sub nom. Cardarella v. United States, 371 U.S. 819, 83 S.Ct. 35, 9 L.Ed.2d 59 (1963). Cardarella’s motion under Rule 35, attacking the validity of his sentence, is based on the contention that the consecutive sentences imposed double punishment for the same offense. His theory is that the evidence…
• United States v. Werlinger, 894 F.2d 1015 (8th Cir. 1990)
  …States v. Johnson, 605 F. 2d 729, 730 (4th Cir.1979), cert. denied, 444 U.S. 1020, 100 S.Ct. 677, 62 L.Ed.2d 652 (1980); United States v. Walasek, 527 F. 2d 676, 678 (3d Cir.1975); Ferina v. United States, 302 F. 2d 95, 102 (8th Cir.), cert. denied, 371 U.S. 819, 83 S.Ct. 35, 9 L.Ed.2d 59 (1962). . The commentary suggests that "more than minimal planning" in the embezzlement context contemplates more than a single taking using a single false book entry. It would apply, however, to "several instances of tak…
• Loyd Carl RAY v. United States, 367 F.2d 258 (8th Cir. 1966)
  …nder Rule 33. Such evidence not only must be material, but it must be shown that on a new trial it would probably produce an acquittal. McCroskey v. United States, 339 F. 2d 895, 897 (8 Cir. 1965); Ferina v. United States, 302 F. 2d 95, cert. denied 371 U.S. 819, 83 S.Ct. 35, 9 L.Ed.2d 59 (8 Cir. 1962); Connelly v. United States, 271 F. 2d 333, cert. denied 362 U.S. 936, 80 S.Ct. 755, 4 L.Ed.2d 750 (8 Cir. 1959); Edgar v. Finley, 312 F. 2d 533 (8 Cir. 1963). In United States v. Keller, 145 F.Supp. 692 (3 C…