SELLERS ET AL.

v.

UNITED STATES

Citator

Cited By

• Perez v. Louie L. Wainwright, 640 F.2d 596 (5th Cir. 1981)
  …ing is DENIED. . After its decision in Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), the Supreme Court, after granting a writ of certiorari in this case, remanded for consideration in light of Cuyler. Perez v. Wainwright, 447 U.S. 932, 100 S.Ct. 3032, 65 L.Ed.2d 1127 (1980). After remand, we affirmed the order of the District Court granting a writ of habeas corpus and remanded for further proceedings, 627 F. 2d 762 (5th Cir. 1980). We are now considering this case on the state’s…
• United States v. Williams, 809 F.2d 63-75 (1st Cir. 1986)
  …hich it had received evidence. No such caution is required where an overt act is not an element of the crime charged. Second, in Forzese we relied on the holding of United States v. Sellers, 603 F. 2d 53, 56 (8th Cir.1979), vacated on other grounds, 447 U.S. 932, 100 S.Ct. 3033, 65 L.Ed.2d 1127 (1980). Sellers, which was a section 846 conspiracy, does not mention the necessity or even the existence of a cautionary instruction. Finally, the court in the present case did instruct the jury that the indictment…