UNITED STATES

v.

MANTELLO ET AL.

Citator

Cited By (24 total)

• United States v. Davis, 666 F.2d 195 (5th Cir. 1982)
  …2d 310 (1974) (possession). As this court has recognized, although the burden of proving that the crime occurred in the district of trial is squarely on the prosecution, United States v. Luton, 486 F. 2d 1021, 1022-23 (5th Cir. 1973), cert. denied, 417 U.S. 920, 94 S.Ct. 2626, 41 L.Ed.2d 225 (1974), the prosecution is not required to meet the reasonable doubt standard applicable to all substantive elements of an offense. Rather, “[t]he prosecution need only show by a preponderance of the evidence that the…
• United States v. White, 611 F.2d 531 (5th Cir. 1980)
  …. Johnson, 323 U.S. 273, 276, 65 S.Ct. 249, 89 L.Ed. 236 (1944), and the burden of proving that the crime occurred in the district of trial is squarely on the prosecution, United States v. Luton, 486 F. 2d 1021,1022-23 (5th Cir. 1973), cert. denied, 417 U.S. 920, 94 S.Ct. 2626, 41 L.Ed.2d 225 (1974), the prosecution is not required to meet the reasonable doubt standard applicable to all substantive elements of an offense. Rather, “[t]he prosecution need only show by a preponderance of the evidence that the…
• United States v. Bennie Ray Winship, 724 F.2d 1116 (5th Cir. 1984)
  …her elements. The prosecution need only show the propriety of venue by a preponderance of the evidence, not beyond a reasonable doubt. United States v. Turner, supra, 586 F. 2d at 397; United States v. Luton, 486 F. 2d 1021 (5th Cir.), cert. denied, 417 U.S. 920, 94 S.Ct. 2626, 41 L.Ed.2d 225 (1974). Venue questions also occupy a unique position with respect to when failure to instruct the jury on venue will constitute plain error. Failure to instruct on other essential elements of crimes, regardless of whe…