PERKINS

v.

GARRISON, WARDEN, ET AL.

Citator

Cited By

• United States v. Debbe Marquardt, 786 F.2d 771 (7th Cir. 1986)
  …from the conduct charged in counts 1 through 6, but is multiplicitous. “Multiplicity consists of charging the same defendant with the same offense in several different counts.” United States v. Bartemio, 547 F. 2d 341, 345 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 305, 42 L.Ed.2d 266 (1974). Courts have found that when an indictment is multiplicitous, “[I]t may prejudice the jury against the defendant by creating the impression of more criminal activity on his part than in fact may have been prese…
• United States v. Douglass, 780 F.2d 1472 (9th Cir. 1986)
  …plicity has been defined as "‘charging the same defendant with the same offense in several different counts.’ ’’ United States v. De-Rosa, 670 F. 2d 889, 895 (9th Cir.) (quoting United States v. Bartemio, 547 F. 2d 341, 345 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 305, 42 L.Ed.2d 266 (1974)), cert. denied, 459 U.S. 993, 103 S.Ct. 353, 74 L.Ed.2d 391 and 459 U.S. 1014, 103 S.Ct. 372, 74 L.Ed.2d 507 (1982). When concurrent sentences have been imposed in such a case, the error may be remedied on appeal…
• United States v. Werbrouck, 589 F.2d 273 (7th Cir. 1978)
  …isdictional requirements of 18 U.S.C. § 1955. Section 1955, however, does not require a showing that the gambling activities of each person involved have affected interstate commerce. United States v. Manson, 494 F. 2d 804 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 304, 42 L.Ed.2d 266 (1974). The defendant further argues that Section 1955 is unconstitutionally vague. This argument has previously been rejected by the courts. United States v. McCoy, 539 F. 2d 1050 (5th Cir. 1976), cert. denied, 431 U.S…