BAGERIS ET AL.

v.

MCGREGOR ET AL.

Citator

Cited By (37 total)

• United States v. Warren, 612 F.2d 887 (5th Cir. 1980)
  …defendant had “not shown any reason why the [unreviewed] convictions . . . add anything material to the pains and penalties he will suffer from the [affirmed] conviction.” Accord, United States v. Smith, 550 F. 2d 277, 285 (5th Cir.), cert. denied, 434 U.S. 831, 98 S.Ct. 138, 54 L.Ed.2d 105 (1977). The matter should be resolved to bring uniformity to our decisions, an appropriate role for the en banc Court. F.R.A.P. 35(a). Persons convicted of federal crimes are entitled to an appeal. That right is empty…
• United States v. Savaiano, 843 F.2d 1280 (10th Cir. 1988)
  …518(10); United States v. Cardall, 773 F. 2d 1128 (10th Cir.1985): United States v. Horton, 601 F. 2d 319 (7th Cir.), cert. denied, 444 U.S. 937, 100 S.Ct. 287, 62 L.Ed.2d 197 (1979); Fleming v. United States, 547 F. 2d 872 (5th Cir.), cert. denied, 434 U.S. 831, 98 S.Ct. 113, 54 L.Ed.2d 90 (1977). In the present case, the evidence leading to the discovery of Davis’ name was not illegally intercepted. We have previously held a suit for damages as provided by 18 U.S.C. § 2520, rather than suppression of evid…
• United States v. Lyles, 593 F.2d 182 (2d Cir. 1979)
  …e summations are completed. But it is settled law in this Circuit that reversal is appropriate only when a defendant can demonstrate that a Rule 30 lapse has resulted in prejudice. United States v. Conlin, 551 F. 2d 534, 539 (2d Cir.), cert. denied, 434 U.S. 831, 98 S.Ct. 114, 54 L.Ed.2d 91 (1977); United States v. Fernandez, 456 F. 2d 638, 644 (2d Cir. 1972). See Hamling v. United States, 418 U.S. 87, 134-35, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (noting the soundness of such an approach to Rule 30). Ap…