FINCKE ET AL.
v.
UNITED STATES

U.S. | 1971-05-24
No. 1429
402 U.S. 995 Supreme Court of the United States (1971) Positive Treatment
Cited by 3 cases

Opinion

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  • United States v. Silverman, 861 F.2d 571 (9th Cir. 1988)
    …S.Ct. 860, 19 L.Ed.2d 987 (1968)) (“[A]n association with an alleged conspirator, without more, is insufficient to establish the necessary foundation for the admissibility of the incriminating [co-con [*580] spirator’s] statements.”)) cert. denied, 402 U.S. 995, 91 S.Ct. 2170, 29 L.Ed.2d 160 (1971). Although evidence of Pearl’s association with her brother David, viewed in light of Willard’s statement that Pearl told him that David was her source, makes the hearsay more reliable to some small degree, the…
  • Moorhead v. United States, 774 F.2d 936 (9th Cir. 1985)
    …not H-2 workers because they cannot show that “unemployed persons capable of performing such service or labor cannot be found in this country.” See Gooch v. Clark, 433 F. 2d 74, 78 (9th Cir.1970), quoting 8 U.S.C. § 1101(a)(15)(H)(ii), cert. denied, 402 U.S. 995, 91 S.Ct. 2170, 29 L.Ed.2d 160 (1971); 8 C.F.R. § 214.2 (1985). Appellants’ workers are not H-2 workers and do not fit within any of the other exclusionary categories of section 1101(a)(15). Consequently, they are deemed immigrants under section 110…
    1 / 3
  • …tion to those reviewed in this opinion; we have considered these but reject them as negligible. . There had been two previous new trial motions: United States v. Franzese, 321 F.Supp. 993 (E.D.N.Y.1970), aff’d, 438 F. 2d 536 (2 Cir.), cert. denied, 402 U.S. 995, 91 S.Ct. 2172, 29 L.Ed.2d 161 (1971); the second motion was denied in an unreported opinion.…

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