FRAZIER

v.

UNITED STATES

Citator

Cited By

• Branch v. Estelle, 631 F.2d 1229 (5th Cir. 1980)
  …Ghee, 488 F. 2d 781, 786 (5th Cir. 1974), cert. denied, 417 U.S. 949, 94 S.Ct. 3077, 41 L.Ed.2d 670 (1974), and cert. denied sub nom., Brunner v. U.S., 417 U.S. 949, 94 S.Ct. 3077, 41 L.Ed.2d 670 (1974), and cert. denied sub nom., Kendricks v. U.S., 417 U.S. 971, 94 S.Ct. 3177, 41 L.Ed.2d 1143 (1974). Accord U.S. v. Allison, 616 F. 2d 779, 783 (5th Cir. 1980); U.S. v. Sutherland, 428 F. 2d 1152, 1156 (5th Cir. 1970), cert. denied, 409 U.S. 1078, 93 S.Ct. 698, 34 L.Ed.2d 668 (1970). But see U.S. v. Gidley, 5…
• United States v. Alessandrello, 637 F.2d 131 (3d Cir. 1980)
  …5,000 or imprisoned not more than twenty years, or both.” Under this portion of the statute, a taking from the person or presence of another is an essential element of the crime. United States v. McGhee, 488 F. 2d 781, 784 (5th Cir.), cert. denied, 417 U.S. 971, 94 S.Ct. 3176, 41 L.Ed.2d 1142 (1974) (indictment under first part of subsection (a) dismissed as fatally defective because it charged defendants with taking money from a bank and did not allege a taking from the person or presence of another); cf.…
• Tasby v. United States, 504 F.2d 332 (8th Cir. 1974)
  …rought a petition for post-conviction relief pursuant to 28 U.S.C. § 2255 which was denied after a hearing in the district court. This denial was affirmed on appeal, Tasby v. United States, No. 74-1916 (8th Cir., filed March 14, 1974), cert. denied, 417 U.S. 971, 94 S.Ct. 3176, 41 L.Ed.2d 1142 (1974). At his original kidnapping trial Tasby testified in his own behalf. This occurred only after a record was made establishing through Tasby’s own testimony that his attorney, Mr. Peek, had advised him not to ta…