SIMMONS

v.

BUDDS ET AL.

Citator

Cited By (74 total)

• United States v. Barnes, 604 F.2d 121 (2d Cir. 1979)
  …ion, and retail sale of narcotics and had reason to believe that their own benefits derived from the operation were probably dependent upon the success of the entire venture. United States v. Baxter, 492 F. 2d 150, 158 (9th Cir. 1973), cert. denied, 416 U.S. 940, 94 S.Ct. 1945, 40 L.Ed.2d 292 (1974). The intermediate inference of knowledge is permissible if each retailer knows that the wholesaler or middleman handles a larger quantity of narcotics than one retailer can sell. Cf. Blumenthal v. United State…
• United States v. Pheaster, 544 F.2d 353 (9th Cir. 1976)
  …he confrontation procedure was suggestive.” 409 U.S. at 199, 93 S.Ct. at 382. This is, in essence, the test used by this Court in evaluating challenges to identification procedures. United States v. Baxter, 492 F. 2d 150 (9 Cir. 1973), cert. denied, 416 U.S. 940, 94 S.Ct. 1945, 40 L.Ed.2d 292 (1974). The Supreme Court decision in Neil and our decision in Baxter enumerate a number of factors to be considered in evaluating the “totality of the circumstances” of a specific case. In Baxter this Court gave car…
• United States v. Whitten, 706 F.2d 1000 (9th Cir. 1983)
  …ate. Because the government elected to set forth the date and location of the telephone call, it was obligated to submit evidence to support its charge. Id. at 308. See also United States v. Valdivia, 492 F. 2d 199, 207 (9th Cir.1973), cert. denied, 416 U.S. 940, 94 S.Ct. 1945, 40 L.Ed.2d 292 (1974). This case is distinguishable from Rodriguez, in which there was no evidence that the phone call referred to in the indictment was ever made, and from Murray, in which there was no evidence linking the phone ca…