LUJAN ET AL.

v.

UNITED STATES

Citator

Cited By (42 total)

• United States v. Carson, 702 F.2d 351 (2d Cir. 1983)
  ….2d 91 (1980)). That the defendant would have had a better chance of acquittal at a separate trial does not constitute substantial prejudice. United States v. Sotomayor, 592 F. 2d 1219,1228 (2d Cir.), cert. denied sub nom. Crespo v. United States, 442 U.S. 919, 99 S.Ct. 2842, 61 L.Ed.2d 286 (1979); United States v. Stirling, 571 F. 2d 708, 733 (2d Cir.), cert. denied, 439 U.S. 824, 99 S.Ct. 93, 58 L.Ed.2d 116 (1978). Moreover, in determining whether a trial court’s decision was correct, “a reviewing cour…
• United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985)
  …. Castellanos, 731 F. 2d 979, 984-85 (D.C.Cir.1984) (inference of intent to distribute could be drawn from six ounces of cocaine, paraphernalia, and evidence of the drug’s value); United States v. Hill, 589 F. 2d 1344, 1350 (8th Cir.), cert. denied, 442 U.S. 919, 99 S.Ct. 2843, 61 L.Ed.2d 287 (1979) (“[A] jury can infer a defendant’s intent to distribute from the quantity of drugs in the defendant’s possession.”). Furthermore, Crafton’s involvement is confirmed by Milburn’s remarks, to Richmond early in 19…
• United States v. Beasley, 809 F.2d 1273 (7th Cir. 1987)
  …about the use of the drugs. This made Beasley’s procurement of the prescriptions a knowing acquisition of controlled substances by fraud, whether or not Brooks and Pierce consented. See United States v. Hill, 589 F. 2d 1344 (8th Cir.), cert. denied, 442 U.S. 919, 99 S.Ct. 2843, 61 L.Ed.2d 287 (1979). The fraud was on Rucker, not on Brooks or Pierce. There is a more substantial challenge to the government’s trial strategy, however. The prosecutor was worried about the jury’s reaction to Beasley’s academic c…