SWANSON

v.

UNITED STATES

Citator

Cited By (40 total)

• United States v. Berkowitz, 662 F.2d 1127 (5th Cir. 1981)
  …14.6 Under Rule 14, the decision to grant a severance is committed to the sound discretion of the district court. United States v. Crawford, 581 F. 2d 489, 491 (5th Cir. 1978); United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). In deciding a motion for severance, the district court must balance the potential prejudice to the defendant against the public interest in joint trials where the case against each defendant arises from the sa…

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• United States v. Pritchard, 745 F.2d 1112 (7th Cir. 1984)
  …ional trier of fact could have found that appellant knowingly possessed the firearms at issue. It is the possession of firearms, rather than ownership, that is unlawful. See United States v. Polk, 574 F. 2d 964, 965 (8th Cir.), [*1124] cert. denied, 439 U.S. 849, 99 S.Ct. 150, 58 L.Ed.2d 151 (1978). In addition, we have stated that, for purposes of 26 U.S.C. § 5861(d), “proof that a person actually or constructively possessed an unregistered firearm ... is sufficient proof that the person ‘knowingly posse…
• United States v. Wilson, 657 F.2d 755 (5th Cir. 1981)
  …e which the trial court could not prevent. United States v. Mota, 598 F. 2d 995, 1000 (5th Cir. 1979), cert. denied, 444 U.S. 1084, 100 S.Ct. 1042, 62 L.Ed.2d 770 (1980) (quoting United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978)). “A mere showing of some prejudice has usually been insufficient.. . . ” United States v. Perez, 489 F. 2d 51, 65 (5th Cir. 1973), cert. denied, 417 U.S. 945, 94 S.Ct. 3067, 41 L.Ed.2d 664 (1974). Admittedly, i…