ISENBERG

v.

UNITED STATES; AND ISENBERG V. UNITED STATES

Citator

Cited By (28 total)

• United States v. Al Taylor, 562 F.2d 1345 (2d Cir. 1977)
  …ption of prejudice.” United States v. Treatman, 524 F. 2d 320, 323 (8th Cir. 1975); see United States v. Pfingst, 477 F. 2d 177, 198 (2d Cir. 1973) (Government has burden of persuasion as to harmlessness to defendant of communication), cert. denied, 412 U.S. 941, 93 S.Ct. 2779, 37 L.Ed.2d 400 (1973). This presumption may be overcome, however, by evidence showing lack of prejudice. United States v. Treatman, supra, 524 F. 2d at 323; see Rogers v. United States, supra, 422 U.S. at 40, 95 S.Ct. 2091 (harmless…
• United States v. Rev. Alberto Mejias, 552 F.2d 435 (2d Cir. 1977)
  …erwards commented to the jury on the innocuous nature of the program. The interview with the prosecutor was never shown; and there has been no showing of any possible prejudice. See United States v. Pfingst, 477 F. 2d 177, 186 (2d Cir.), cert. den., 412 U.S. 941, 93 S.Ct. 2779, 37 L.Ed.2d 400 (1973). IMPROPER SENTENCING Appellants argue that their sentences of 15 years’ imprisonment should be vacated because Judge Carter abused his discretion by taking a fixed mechanical ap•proach to sentencing in disrega…
• United States v. Peltier, 585 F.2d 314 (8th Cir. 1978)
  …ciple espoused in Brown and Nance was meant to apply to a more comprehensive defense instruction or series of defense instructions. As the court stated in Laughlin v. United States, 154 U.S.App.D.C. 196, 207, 474 F. 2d 444, 455 (1972), cert. denied, 412 U.S. 941, 93 S.Ct. 2784, 37 L.Ed.2d 402, reh. denied, 414 U.S. 882, 94 S.Ct. 169, 38 L.Ed.2d 130 (1973), in refusing to apply the principle to the proposed instruction that the jury must acquit the defendant if it believed defense testimony denying guilt: W…