MAXWELL

v.

UNITED STATES

Citator

Cited By (15 total)

• United States v. McCRADY, 774 F.2d 868 (8th Cir. 1985)
  …offered in evidence to prove the truth of the matter asserted.” Fed.R.Evid. § 801(c); see Curreri v. International [*873] Brotherhood of Teamsters, 722 F. 2d 6, 11 (1st Cir.1983); United States v. Stout, 599 F. 2d 866, 869 (8th Cir.), cert. denied, 444 U.S. 877, 100 S.Ct. 163, 62 L.Ed.2d 106 (1979). Hopman’s testimony is not hearsay because it was not offered to prove the truth of the matter asserted. The government presented Hopman’s testimony to impeach Regnier. The government did not seek to prove that…
• United States v. Alicia Davis (85-1153), 809 F.2d 1194 (6th Cir. 1987)
  …use of the prior acquitted conduct only if the legal or federal issue regarding the conduct is identical to the issue in the first trial and was decided in the defendant’s favor. Oliphant v. Koehler, 594 F. 2d 547, 555 (6th Cir.1979), cert. denied, 444 U.S. 877,100 S.Ct. 162, 62 L.Ed.2d 105 (1979); Johnson, 697 F. 2d at 740. Defendant Davis falls afoul of the second requirement. In his first trial, he was acquitted not because he did not distribute heroin, but rather because the necessary criminal intent…
• United States v. Croft, 750 F.2d 1354 (7th Cir. 1984)
  …a matter of law, belong to the EPA. See United States v. Mitchell, 625 F. 2d 158, 160-61 (7th Cir.1980), cert. denied, 449 U.S. 984, 101 S.Ct. 402, 66 L.Ed.2d 247 (1981); United States v. Maxwell, 588 F. 2d 568, 571-74 (7th Cir.1978), cert. denied, 444 U.S. 877, 100 S.Ct. 163, 62 L.Ed.2d 106 (1979). The jury, guided by this legal principle, was properly required to decide the factual issue of whether the services of Williams, Johnson, and Caplenas belonged to the EPA. Thus, we hold that the district cour…

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