SHOEMAKER

v.

UNITED STATES

Citator

Cited By (33 total)

• MacKer v. State, 500 So. 2d 256 (Fla. 3d DCA 1986)
  …belated attempt to correct its prior breach, since nothing short of full compliance will suffice. The withdrawal of a plea ought to be allowed where justice and fairness require it. United States v. Swinehart, 614 F. 2d 853 (3d Cir.), cert. denied, 449 U.S. 827, 101 S.Ct. 90, 66 L.Ed.2d 30 (1980). The United States Supreme Court has recommended that when the state has breached a plea agreement, the trial court should order either specific performance of the agreement [*259] or allow the defendant to withdr…
• United States v. Vera, 701 F.2d 1349 (11th Cir. 1983)
  …ibuted the quaaludes. In support of their argument that the evidence fails to establish knowledge, Vera and Posada rely on United States v. Littrell, 574 F. 2d 828 (5th Cir.1978) and United States v. Aguiar, 610 F. 2d 1296 (5th Cir.), cert. denied, 449 U.S. 827, 101 S.Ct. 91, 66 L.Ed.2d 31 (1980). In Littrell, the defendant drove a car to a designated location and left it with a co-conspirator. After the defendant had left, the co-conspirator removed some cocaine from the car. Under such circumstances, it…
• United States v. Berkowitz, 662 F.2d 1127 (5th Cir. 1981)
  …silent impairs the integrity of that Fifth Amendment right. Moreover, reversal has been required even when the comment was made by someone other than the prosecutor. See United States v. Agu-iar, 610 F. 2d 1296, 1302 (5th Cir. 1980), cert. denied, 449 U.S. 827, 101 S.Ct. 91, 66 L.Ed.2d 31 (1981); United States v. Kaplan, 576 F. 2d 598, 600 (5th Cir. 1978), cert. denied, 439 U.S. 1078, 99 S.Ct. 858, 59 L.Ed.2d 47 (1979); de Luna v. United States, 308 F. 2d at 141. However, not every statement that under s…