DALEY

v.

CALIFANO, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL.

Citator

Cited By (50 total)

• United States v. Computer Scis. Corp., 689 F.2d 1181 (4th Cir. 1982)
  …ail fraud and false [*1188] statements statutes.”); contra United States v. Henderson, 386 F.Supp. 1048 (S.D.N.Y.1974). The holding in Henderson was flatly rejected in United States v. Miller, 545 F. 2d 1204, 1216 n.17 (9th Cir. 1976), cert. denied, 430 U.S. 930, 97 S.Ct. 1549, 51 L.Ed.2d 774 (1977), which lists several cases inconsistent with Henderson. It was questioned by its own Circuit, United States v. Mangan, 575 F. 2d 32, 49, text at n.21 (2d Cir. 1978), cert. denied, 439 U.S. 931, 99 S.Ct. 320, 58…
• United States v. Garber, 607 F.2d 92 (5th Cir. 1979)
  …s in her plasma is irrelevant since the Government need not prove the amount of tax due with mathematical precision, but need only show that a substantial tax is owing. See, e. g., United States v. Miller, 9 Cir., 1976, 545 F. 2d 1204, cert. denied, 430 U.S. 930, 97 S.Ct. 1549, 51 L.Ed.2d 774 (1977); United States v. Allen, 6 Cir., 1975, 522 F. 2d 1229, cert. denied, 423 U.S. 1072, 96 S.Ct. 854, 47 L.Ed.2d 82 (1976). Since the amount of tax owing under either the personal service or sale of a product theo…
• United States v. Boyd, 610 F.2d 521 (8th Cir. 1979)
  …32(d) distinguishes between motions to withdraw a guilty plea made before and after sentencing. Generally presentence motions are to be judged on a “fair and just” standard. United States v. Lambros, 544 F. 2d 962, 965 (8th Cir. 1976), cert. denied, 430 U.S. 930, 97 S.Ct. 1550, 51 L.Ed.2d 774 (1977). In reviewing the denial of the motion to withdraw a guilty plea, we will reverse only for abuse of the trial court’s discretion and the burden is upon the petitioner to establish his grounds for withdrawal of t…