NOVELLO

v.

UNITED STATES

Citator

Cited By

• Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981)
  …, with ware [*228] house facilities in Tempe, and, through company invoice records, ascertained the various items which Herman had shipped to Arizona, including the shotgun. In United States v. Novella, 519 F. 2d 1078 (5th Cir. 1975), cert. denied, 423 U.S. 1060, 96 S.Ct. 797, 46 L.Ed.2d 651 (1976), it was held that a defendant who stored marijuana in a rental warehouse, knowing workmen and other tenants had access to the area, had no reasonable expectation of privacy with respect thereto. In United States…
• Coleman v. Risley, 839 F.2d 434 (9th Cir. 1988)
  …ard of proof). Nank’s testimony regarding the Roundup burglary satisfied this standard. The trial judge observed Nank while he testified and heard his testimony first hand. See United States v. Cruz, 523 F. 2d 473, 476 (9th Cir.1975), cert. denied, 423 U.S. 1060, 96 S.Ct. 797, 46 L.Ed.2d 651 (1976). The trial judge also observed Coleman as he testified at the trial and heard him deny any involvement in the burglary. At the July 10th hearing, Coleman’s counsel generally denied any involvement by Coleman in…
• United States v. Wondrack, 578 F.2d 808 (9th Cir. 1978)
  …nce may be reviewed and vacated when it is premised on allegations of serious criminal conduct and “the factual basis for believing the charge [is] almost nil.” Id. at 633. See United States v. Cruz, 523 F. 2d 473, 476 (9th Cir. 1975), cert. denied, 423 U.S. 1060, 96 S.Ct. 797, 46 L.Ed.2d 651 (1976). Wondrack has not demonstrated, however, that his sentence should be vacated on this basis. II. The “primary purpose [of the presentence report] is to aid the court in determining the appropriate sentence.” Div…