MARTINEZ

v.

UNITED STATES

Citator

Cited By

• United States v. Rodgers, 624 F.2d 1303 (5th Cir. 1980)
  …d reversible error in refusing to charge the jury specifically on the possibility of finding multiple schemes. We disagree. While such an instruction may be “good” practice, United States v. Levine, 569 F. 2d 1175, 1178 n.6 (1st Cir.), cert. denied, 436 U.S. 928, 98 S.Ct. 2824, 56 L.Ed.2d 771 (1978), prior decisions of this Court in no way require a finding of reversible error when such a charge is not given. In charging the jury the court carefully instructed that no individual could be found guilty of mai…
• United States v. Morris, 623 F.2d 145 (10th Cir. 1980)
  …use of certain evidence resulted from the variance; and, Third, the strength or weakness of the evidence underlying the jury’s conviction. United States v. Butler, supra; United States v. Levine, 569 F. 2d 1175 (1st Cir. [*150] 1978), cert. denied, 436 U.S. 928, 98 S.Ct. 2824, 56 L.Ed.2d 771 (1978). On the facts of this case, we hold that the variance “did not influence the jury, or had but very slight effect”. Kotteakos v. United States, supra, 328 U.S. at p. 764, 66 S.Ct. at p. 1248. This certainly wa…
• United States v. Perez, 767 F.2d 1 (1st Cir. 1985)
  …ess. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Kotteakos v. United States, 328 U.S. 750, 763-65, 66 S.Ct. 1239, 1247-48, 90 L.Ed. 1557 (1946); United States v. Levine, 569 F. 2d 1175, 1177 (1st Cir.), cert. denied, 436 U.S. 928, 98 S.Ct. 2824, 56 L.Ed.2d 771 (1978). Appellants next contend the evidence introduced at trial was insufficient to support their convictions. They cite inconsistencies in testimony and bias of the three government witnesses who were apparently giv…