NEARY

v.

UNITED STATES

Citator

Cited By (28 total)

• United States v. Hasting, 461 U.S. 499 (U.S. 1983)
  …nder Griffin v. California, 380 U. S. 609 (1965).1 In a terse opinion, the Court of Appeals reversed the convictions and remanded for retrial, 660 F. 2d 301 (CA7 1980), citing its decision in United States v. Buege, 578 F. 2d 187, 188, cert. denied, 439 U. S. 871 (1978), for the proposition that Griffin error occurs even without a direct statement on the failure of a defendant to take the stand when the “prosecutor refers to testimony as uncontradicted where the defendant has elected not to testify and when…
• United States v. Calixto Agapito, 620 F.2d 324 (2d Cir. 1980)
  …lic. Cf. United States v. Campbell, 581 F. 2d 22, 25 (2 Cir. 1978) (exigent circumstances needed for warrantless entry into home to make an arrest supported by probable cause); United States v. Reed, 572 F. 2d 412, 424 (2 Cir.) (same), cert, denied, 439 U.S. 871 (1978). . We distinguish cases where third persons are discovered on the premises whom the agents do not have probable cause to arrest but who nevertheless might destroy evidence. E. g., United States v. Diaz, supra, 572 F. 2d at 823-24 (defendant’…
• United States v. Zylstra, 713 F.2d 1332 (7th Cir. 1983)
  …is sufficient to find beyond a reasonable doubt that the error was harmless, reversal may not be required.” United States v. Rodriguez, 627 F. 2d 110, 113 (7th Cir.1980). See also United States v. Buege, 578 F. 2d 187, 189 (7th Cir.), cert. denied, 439 U.S. 871, 99 S.Ct. 203, 58 L.Ed.2d 183 (1978). We find that the defendant has made no showing of actual prejudice. E. SENTENCE The defendant received a total of 210 years on 39 counts and now argues that he was unjustly penalized for exercising his right t…