MARTINO

v.

UNITED STATES

Citator

Cited By (32 total)

• United States v. Giese, 597 F.2d 1170 (9th Cir. 1979)
  …n the evidence against a defendant is so strong that the absence of prosecutorial misconduct would not have changed the jury’s verdict, plain error seldom will be found. See United States v. Greenbank, 491 F. 2d 184, 188-89 (9th Cir.), cert. denied, 417 U.S. 931, 94 S.Ct. 2642, 41 L.Ed.2d 234 (1974); Corley v. United States, 124 U.S. App.D.C. 351, 352, 365 F. 2d 884, 885 (1966). We conclude that the prosecution’s conduct did not amount to plain error. The case against Giese was strong. See section I, supra…
• Farrow v. United States, 580 F.2d 1339 (9th Cir. 1978)
  …Farrow’s version of the facts. It thus appears conclusively from the record that the sentencing judge acted within his discretion, and that appellant is entitled to no relief. United States v. Greenbank, 491 F. 2d 184, 189 (9th Cir.), cert. denied, 417 U.S. 931, 94 S.Ct. 2642, 41 L.Ed.2d 234 (1974). The district court’s dismissal of the § 2255 motion without an evidentiary hearing on this ground was therefore proper. B. Cooperation with BNDD agent. Appellant’s § 2255 motion alleged that the Government fail…
• United States v. Bulman, 667 F.2d 1374 (11th Cir. 1982)
  …tal evidence that would have been admissible during the case in chief. A defendant will suffer prejudice only if he has no opportunity to controvert the newly introduced evidence. United States v. Sadler, 488 F. 2d 434, 435 (5th Cir.), cert. denied, 417 U.S. 931, 94 S.Ct. 2642, 41 L.Ed.2d 234 (1974). Howard does not allege prejudice nor can we, on examining the record, discover any. . Howard does not contest the validity of the searches if we uphold the warrantless entry into the motel room. . No other ap…