BLACK

v.

UNITED STATES

Citator

Cited By (32 total)

• United States v. Stricklin, 591 F.2d 1112 (5th Cir. 1979)
  …s v. Somerville, 410 U.S. 458, 471, 93 S.Ct. 1066, 35 L.Ed.2d 425 (1973); Downum v. United States, 372 U.S. 734, 736, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963). This Court noted in United States v. Pitts, 569 F. 2d 343, 347 n. 5 (5th Cir.), cert. denied, 436 U.S. 959, 98 S.Ct. 3076, 57 L.Ed.2d 1125 (1978), that “[s]ufficient constitutional and statutory measures protect defendants in cases that might be tainted by an overzealous prosecutor abusing the rules marking the attachment of jeopardy to make abandonment…
• United States v. Baylin, 696 F.2d 1030 (3d Cir. 1982)
  …n from taking a position on sentencing. In the case before us, however, the Government honored its commitment to remain silent at the sentencing hearing. Neither is our decision in United States v. Miller, 565 F. 2d 1273 (3d Cir.1977), cert. denied, 436 U.S. 959, 98 S.Ct. 3076, 57 L.Ed.2d 1125 (1978) (per curiam), germane. In Miller, we held that a Government promise “to make no recommendation as to sentence” id. at 1275, did not preclude the Government from responding to the defendant’s remarks. Although…
• United States v. Read, 778 F.2d 1437 (9th Cir. 1985)
  …); United States v. Block, 660 F. 2d 1086 (5th Cir.1981), cert. denied, 456 U.S. 907, 102 S.Ct. 1753, 72 L.Ed.2d 164 (1982); United States v. Arnett, 628 F. 2d 1162 (9th Cir.1979); United States v. Miller, 565 F. 2d 1273 (3d Cir.1977), cert. denied, 436 U.S. 959, 98 S.Ct. 3076, 57 L.Ed.2d 1125 (1978). [*1442] Read concedes, as she must, that the prosecutor was obligated to bring her conduct subsequent to conviction to the court’s attention: “[A]ny time a prosecutor is aware that the court is about to impose…