JOHNSTON

v.

UNITED STATES

Citator

Cited By

• 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. 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…
• United States v. Wander, 601 F.2d 1251 (3d Cir. 1979)
  …struction will not require the granting of a new trial unless upon examination of the charge in its entirety it is determined that there was fundamental prejudice to the defendant. 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. Scheffer, 463 F. 2d 567, 574 (5th Cir.), cert. denied, 409 U.S. 984, 93 S.Ct. 324, 34 L.Ed.2d 248 (1972); United States v. Hartman, 409 F. 2d 198, 199 (3d Cir. 1969). In those circumstances where…