EAKER

v.

CALIFORNIA

Citator

Cited By (16 total)

• United States v. Ghassan L. Ammar, 714 F.2d 238 (3d Cir. 1983)
  …he court’s decision to send the case to the jury. Government of the Virgin Islands v. Dowling, 633 F. 2d at 665; United States v. Continental Group, Inc., 603 F. 2d at 460; see also United States v. Lutz, 621 F. 2d 940, 947 (9th Cir.), cert. denied, 449 U.S. 859, 101 S.Ct. 160, 66 L.Ed.2d 75 (1980); United States v. Green, 523 F. 2d 229, 233 n. 4 (2d Cir.1975), cert. denied, 423 U.S. 1074, 96 S.Ct. 858, 47 L.Ed.2d 84 (1976). Appellants claim that the court used the wrong standard of proof in making the req…
• United States v. Mastelotto, 717 F.2d 1238 (9th Cir. 1983)
  …perly instructed, the problem of potential variance could be avoided. See Kenny, 645 F. 2d at 1336 (no variance, where evidence sufficient and proper instructions given); United States v. Lutz, 621 F. 2d 940, 943 (9th Cir.1980) (same), cert. denied, 449 U.S. 859, 101 S.Ct. 160, 66 L.Ed.2d 75, 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981). B We now consider the adequacy of the jury instructions.8 In a mail or wire fraud case in which a defendant contends that a variance has occurred between the singl…

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• United States v. Miller, 771 F.2d 1219 (9th Cir. 1985)
  …statements, the district court erred by relying on government counsel’s assertion that the notes did not contain Jencks Act statements. See Ogden, 303 F. 2d at 736-37; see also United States v. Lutz, 621 F. 2d 940, 948 (9th Cir.1980), cert. denied, 449 U.S. 859, 101 S.Ct. 160, 66 L.Ed.2d 75 (1980) and 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981) (once witness testified that interviewing government attorney took notes, it was error to fail to conduct inquiry as to whether he had adopted or approved t…