SIMS

v.

UNITED STATES

Citator

Cited By (22 total)

• United States v. Satterfield, 743 F.2d 827 (11th Cir. 1984)
  …of punishment.” Although a noncapital defendant does not have a constitutional right to call and cross-examine witnesses to rebut information contained in the presentence report, United States v. Ashley, 555 F. 2d 462, 466 (5th Cir.), cert. denied, 434 U.S. 869, 98 S.Ct. 210, 54 L.Ed.2d 147 (1977), Rule 32(c)(3)(A) gives him the right to comment on the report and correct any alleged factual inaccuracies contained in it. The right to rebut information contained in a presentence report also has been expressl…
• Miller v. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981)
  …hored and earlier books by other authors on the same subject. We perceive no error in either ruling. The admission of evidence is committed to the sound discretion of the trial court. United States v. Ashley, 555 F. 2d 462 (5th Cir.), cert. denied, 434 U.S. 869, 98 S.Ct. 210, 54 L.Ed.2d 147 (1977); United States v. Hearod, 499 F. 2d 1003 (5th Cir. 1974). Fed.R.Evid. 701 is designed specifically to allow lay witnesses to testify in a conclusory fashion under certain circumstances. The rule states: If the w…
• United States v. Sutherland, 656 F.2d 1181 (5th Cir. 1981)
  …ructions requested, each of which required a verdict of acquittal merely because of the government’s proof of multiple conspiracies in variance with the indictment. See, e. g., United States v. Ashley, 555 F. 2d 462, 467-68 (5th Cir.), cert. denied, 434 U.S. 869, 98 S.Ct. 210, 54 L.Ed.2d 147 (1977). In the second place, Sutherland and Maynard each argue that the court erroneously omitted an oral charge stating each overt act alleged in the indictment. Rather than listing each of the many specific instances…