KELLY ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Cordell Cassell, 452 F.2d 533 (7th Cir. 1971)
  …placement. Mrs. Winston also testified without objection that she “was told that the check was mailed.” The check bore Rice’s fingerprints, which is evidence of his possession. See Foston v. United States, 389 F. 2d 86 (8th Cir. 1968), cert. denied, 392 U.S. 940, 88 S.Ct. 2319, 20 L.Ed.2d 1401. We think the evidence was sufficient prima facie to support a jury’s finding that Rice had possession of the forged check after it had been stolen from the mail, in light of Mrs. Winston’s testimony and Rice’s unexpl…
• United States v. van Lufkins, 676 F.2d 1189 (8th Cir. 1982)
  …), 5037(b) (1976). Lufkins concedes that courts have allowed longer sentences for YCA offenders because the purpose of the custody was rehabilitation rather than punishment. Foston v. United States, 389 F. 2d 86, 87 and n.2 (8th Cir.), cert. denied, 392 U.S. 940, 88 S.Ct. 2319, 20 L.Ed.2d 1401 (1968). Lufkins contends that under the current policies of the Bureau of Prisons and the Federal Parole Commission, YCA offenders are treated no differently than other offenders. This circuit has recently examined B…
• United States v. ELK, 579 F.2d 49 (8th Cir. 1978)
  …hield was an accomplice. We cannot substitute our judgment for that of the jury, particularly where as here, the jury was properly cautioned as to the reliability of such testimony. See Foston v. United States, 389 F. 2d 86 (8th Cir.), cert. denied, 392 U.S. 940, 88 S.Ct. 2319, 20 L.Ed.2d 1401 (1968). The jury was properly cautioned concerning testimony given in return for some personal advantage. The conditions of the plea bargain and Running Shield’s understanding of them were made known to the jury. It…