WINFREE

v.

UNITED STATES

Citator

Cited By

• United States v. Parnell, 581 F.2d 1374 (10th Cir. 1978)
  …tates v. Borelli, 336 F. 2d 376, 388 (2d Cir. 1964), cert. denied 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555 (1965). The burden of establishing withdrawal is on the defendant. United States v. Pearson, 508 F. 2d 595, 597 (5th Cir. 1975) cert. denied 423 U.S. 845, 96 S.Ct. 82, 46 L.Ed.2d 66; United States v. Borelli, supra at 388. Appellant Gunning has not met this burden. There was no evidence that he took any action whatsoever to withdraw, other than ceasing participation after the Topeka trip, and mere c…
• United States v. Capo, 791 F.2d 1054 (2d Cir. 1986)
  …1130 (victims were aliens who had previously found work in this country and had again entered the country to seek work); United States v. Pearson, 508 F. 2d 595, 597 (5th Cir.) (victim hotel had large number of out-of-state visitors), cert. denied, 423 U.S. 845, 98 S.Ct. 82, 46 L.Ed.2d 66 (1975), the jurisdictional focus of the Act is not simply on the victim. Thus, for example, in United States v. Daley, 564 F. 2d at 649, we held that though the extortionate acts were directed solely at local contractors…
• United States v. Cuevas, 847 F.2d 1417 (9th Cir. 1988)
  …Although the agent appears to have relied on hearsay testimony in formulating a portion of his expert opinion, such a reliance does not require reversal. See Fed. R.Evid. 703; see also United States v. Sims, 514 F. 2d 147 (9th Cir.), cert. denied, 423 U.S. 845, 96 S.Ct. 83, 46 L.Ed.2d 66 (1975). Since the evidence of narcotics and currency transaction conspiracies is overwhelming, even absent the agent’s testimony, we find that any possible prejudice was harmless. V Cuevas argues that the trial court ab…