GATES

v.

UNITED STATES

Citator

Cited By (62 total)

• United States v. Giese, 597 F.2d 1170 (9th Cir. 1979)
  …ue and over-broad. “[A]n indictment is not to be read in a technical manner, but [it] is to be construed according to common sense with an appreciation of existing realities.” United States v. Anderson, 532 F. 2d 1218, 1222 (9th Cir.), cert. denied, 429 U.S. 839, 97 S.Ct. 111, 50 L.Ed.2d 107 (1976). Such an interpretation of Count X persuades us that appellant’s fears and complaints are illusory. Considered as a whole, Count X adequately apprised Giese that the grand jury had found the two recruiting cente…
• United States v. Davis, 666 F.2d 195 (5th Cir. 1982)
  …ence that the crime was committed in the trial district. See, e.g., United States v. Durades, 607 F. 2d 818, 820 n.1 (9th Cir. 1979); United States v. Barnard, 490 F. 2d at 910; United States v. Williams, 536 F. 2d 810, 812 (9th Cir.), cert. denied, 429 U.S. 839, 97 S.Ct. 110, 50 L.Ed.2d 106 (1976). Mrs. Davis makes the additional argument that she was improperly tried in Georgia because the government did not prove that she joined the conspiracy before Cochran and Mercer arrived in Florida. We disagree. S…
• United States v. Gironda, 758 F.2d 1201 (7th Cir. 1985)
  …(7th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 1193, 84 L.Ed.2d 339 (1985); United States v. Watkins, 709 F. 2d 475, 478 (7th Cir.1983). As the Ninth Circuit stated in United States v. Anderson, 532 F. 2d 1218, 1222 (9th Cir.1976), cert. denied, 429 U.S. 839, 97 S.Ct. 111, 50 L.Ed.2d 107, an indictment “must be read to include facts which are necessarily implied by the allegations made therein____ Even if an essential averment in an indictment is faulty in form, if it may by fair construction be found w…