MARINO

v.

UNITED STATES

Citator

Cited By (45 total)

• Old Chief v. United States, 519 U.S. 172 (U.S. 1997)
  …2d 613, 618 (CA5 1977) (“ ‘[UJnfair prejudice’ as used in Rule 403 is not to be equated with testimony simply adverse to the opposing party. Virtually all evidence is prejudicial or it isn’t material. The prejudice must be ‘unfair’”), cert, denied, 435 U. S. 996 (1978). The evidence tendered by the Government in this case — the order reflecting petitioner’s prior conviction and sentence for assault resulting in serious bodily injury, in violation of 18 U. S. C. § 1153 and 18 U. S. C. § 113(f) (1988 ed.)…
• United States v. Cruz-Valdez, 773 F.2d 1541 (11th Cir. 1985)
  …ural tendencies and inclinations of human beings.” See 1 E. Devitt & C. Blackmar, Federal Jury Practice and Instructions § 15.01 (3d ed. 1977) 1980 Cumulative Pocket Part; see also United States v. Marino, 562 F. 2d 941 (5th Cir.1977), cert. denied, 435 U.S. 996, 98 S.Ct. 1647, 56 L.Ed.2d 84 (1978). It has long been the law that in giving effect to such inferences as may reasonably be drawn from the evidence juries properly apply their common knowledge, observations and experience in the affairs of life.…
• United States v. Metz, 608 F.2d 147 (5th Cir. 1979)
  …instruction on sole, joint, actual, and constructive possession. We review this claim under the plain error standard because of Metz’s failure to object to the omission. See United States v. Marino, 562 F. 2d 941, 945 (5th Cir. 1977), cert. denied, 435 U.S. 996, 98 S.Ct. 1647, 56 L.Ed.2d 84 (1978). Metz contends that the omission erroneously deprived the jury of knowledge of the elements of the conspiracy’s criminal objective. We fail to see how the requested instruction would have helped the jury assess…