KELLY

v.

UNITED STATES

Citator

Cited By (19 total)

• O'Shea v. United States, 491 F.2d 774 (1st Cir. 1974)
  …. Indeed, if he found, as only he could, that the contested convictions were not a significant factor in considering the original sen-fence no further inquiry would be necessary. McAnulty v. United States, 8 Cir., 1972, 469 F. 2d 254, cert. denied 411 U.S. 949, 93 S.Ct. 1933, 36 L.Ed.2d 411. But see United States v. Tucker, ante, 404 U.S. at 449 n. 8, 92 S.Ct. 589, with which compare Hyland v. Department of Correction, 1 Cir., 1971, 445 F. 2d 867.…
• United States v. Gurule, 522 F.2d 20 (10th Cir. 1975)
  …2d 719 (10th Cir. 1971). If the evidence on the issue is conflicting, the issue of entrapment should be submitted to the jury. Martinez v. United States, supra. Gurule relies upon United States v. Bueno, 447 F. 2d 903 (5th Cir. 1971), cert. denied, 411 U.S. 949, 93 S.Ct. 1931, 36 L.Ed.2d 411 (1973)4 for his contention that he was entitled to a dismissal as a matter of law in light of the Government’s failure to come forward with evidence (i. e., the failure of the Government to produce Sawden at trial) 5 c…
• United States v. West, 511 F.2d 1083 (3d Cir. 1975)
  …WEIS, Circuit Judge (dissenting): As the majority opinion indicates, it relies principally upon United States v. Bueno, 447 F. 2d 903 (5th Cir. 1971), cert. denied, 411 U.S. 949, 93 S.Ct. 1931, 36 L.Ed.2d 411 (1973). That case stands for two important propositions, both of which are relevant here — one substantive and the other procedural. From a substantive viewpoint, Bueno stands for the premise that entrapment, as a mat…