HIATT GRAIN & FEED, INC.

v.

BERGLAND, SECRETARY OF AGRICULTURE, ET AL.

Citator

Cited By (85 total)

• United States v. Bertie Alexander Wright, 873 F.2d 437 (1st Cir. 1989)
  …t clearly establishes the sentencing court’s power to rely upon hearsay evidence that appears reliable. United States v. Fatico, 603 F. 2d 1053, 1057 (2d Cir.1979) (allowing use of hearsay evidence in sentencing hearings, if reliable), cert. denied, 444 U.S. 1073, 100 S.Ct. 1018, 62 L.Ed.2d 755 (1980). Regardless, the “hearsay” at issue here was a reported statement by appellant himself; a statement that the rules of evidence would classify as a “party’s own statement,” and not hearsay at all. See Fed.R.Evid…
• Proffitt v. Louie L. Wainwright, 685 F.2d 1227 (11th Cir. 1982)
  …tencing in noncapital cases. E.g., Farrow v. United States, 580 F. 2d 1339, 1353-54 n.25 (9th Cir. 1978) (en banc); United States v. Fatico, 579 F. 2d 707, 711-12 n.10 (2d Cir. 1978), appeal after remand, 603 F. 2d 1053 (2d Cir. 1979), cert. denied, 444 U.S. 1073, 100 S.Ct. 1018, 62 L.Ed.2d 755 (1980). The constitutional requirements governing capital sentencing, by contrast, have undergone substantial evolution in the wake of Furman v. Georgia. The thrust of Furman and its progeny is that the risk of arbi…
• United States v. Urrego-Linares, 879 F.2d 1234 (4th Cir. 1989)
  …and convincing standard on fairness grounds. He points out that some courts previously employed a clear and convincing standard, see United States v. Fatico, 458 F.Supp. 388, 408-12, (E.D.N.Y.1978), aff'd, 603 F. 2d 1053 (2d Cir.1979), cert. denied, 444 U.S. 1073, 100 S.Ct. 1018, 62 L.Ed.2d 755 (1980), and that at least one court has suggested that a clear and convincing standard should be applied in guidelines sentencing cases. See United States v. Johnson, 682 F.Supp. 1033 (W.D. [*1238] Mo.1988), aff'd sub…