CHOCHREK

v.

CUPP, PENITENTIARY SUPERINTENDENT

Citator

Cited By (19 total)

• Colon O. Ward v. United States, 694 F.2d 654 (11th Cir. 1983)
  …it has held that each discreet shipment that is the object of a prohibited act under § 659 constitutes one allowable unit of prosecution. See United States v. Gilbert, 537 F. 2d 118, 119 (5th Cir.1976), remanded for reconsideration on other grounds, 430 U.S. 902, 97 S.Ct. 1169, 51 L.Ed.2d 578 (1977), aff’d on remand, 573 F. 2d 346 (5th Cir.1978). Accord, Oddo v. United States, 171 F. 2d 854, 856 (2d Cir.), cert. denied, 337 U.S. 943, 69 S.Ct. 1498, 93 L.Ed. 1747 (1949). Thus, each tractor received by Ward…
• United States v. Bullock, 615 F.2d 1082 (5th Cir. 1980)
  …certiorari and remanded the case for consideration of two cases, Solimine v. United States, 429 U.S. 990, 97 S.Ct. 517, 50 L.Ed.2d 603 (1976) and United States v. Gaddis, 424 U.S. 544, 96 S.Ct. 1023, 47 L.Ed.2d 222 (1977). United States v. Gilbert, 430 U.S. 902, 97 S.Ct. 1169, 51 L.Ed.2d 578 (1977). Solimine held that convictions and concurrent sentences for theft as well as receiving the stolen property are improper. Gaddis held that convictions of robbery and receiving or possessing the proceeds of the r…
• United States v. Assada Abou-Saada, 785 F.2d 1 (1st Cir. 1986)
  …823, 104 S.Ct. 89, 78 L.Ed.2d 97 (1983) (citing cases). Nor must ordinary techniques be shown to have been wholly unsuccessful. United States v. Scully, 546 F. 2d 255, 260-61 (9th Cir.1976), vacated on other grounds sub nom. United States v. Cabral, 430 U.S. 902, 97 S.Ct. 1168, 51 L.Ed.2d 578 (1977). Rather, the district court must satisfy itself that the government has used normal techniques but it has encountered difficulties in penetrating a criminal enterprise or in gathering evidence — to the point whe…