LADANY

v.

OVERBERG, CORRECTIONAL SUPERINTENDENT

Citator

Cited By

• United States v. Caporale, 806 F.2d 1487 (11th Cir. 1986)
  …ve occurred. They cannot claim unfair surprise since the variance did not alter the crime charged, the requisite elements of proof or the appropriate defenses in a significant manner. See United States v. John, 587 F. 2d 683 (5th Cir.) cert. denied, 441 U.S. 925, 99 S.Ct. 2036, 60 L.Ed.2d 399 (1979). Appellants were clearly on notice [*1501] as to the nature of the charges against them and the variance did not affect their ability to prepare a defense. Nor can they show that there is a likelihood that the j…
• United States v. Johnson, 637 F.2d 1224 (9th Cir. 1980)
  …ergent views. The two circuits which have addressed the issue have concluded federal court jurisdiction extended to unenumerated lesser included offenses. United States v. John, 587 F. 2d 683, 688 (5th Cir. 1979) (“John II”) (dictum), cert. denied, 441 U.S. 925, 99 S.Ct. 2036, 60 L.Ed.2d 399 (1979); Felicia v. United States, 495 F. 2d 353, 355 (8th Cir. 1974), cert. denied, 419 U.S. 849 (1974).27 The Felicia court reasoned that because 18 U.S.C. § 1153 subjects Indians committing any enumerated offense “to…
• In re Reverend Clovis Carl Green, Jr., 669 F.2d 779 (D.C. Cir. 1981)
  …Green’s other attempts to seek some sort of legal recognition of the Church have proven equally unavailing. See, e.g., Green v. White, 589 F. 2d 378 (8th Cir. 1979) (Green sought declaration that the Church is a legitimate religion), cert. denied, 441 U.S. 925, 99 S.Ct. 2038, 60 L.Ed.2d 400 (1979); Green v. Wilson, 517 F.Supp. 332 (E.D.Ky.1981) (motion for leave to file petitions to post Church notices in Kentucky state prisons and all federal prisons denied; complaint dismissed as repetitive); Green v. A…