WHITE

v.

UNITED STATES

Citator

Cited By (23 total)

• Sotola v. State, 436 So. 2d 1001 (Fla. 5th DCA 1983)
  …F. 2d 1289 (11th Cir.1982); Phillips; United States v. Davis, 608 F. 2d 698 (6th Cir.1979), cert. denied, 445 U.S. 918, 100 S.Ct. 1280, 63 L.Ed.2d 602 (1980); People v. Collins. In United States v. Evans, 635 F. 2d 1124 (4th Cir.1980), cert. denied, 452 U.S. 943, 101 S.Ct. 3090, 69 L.Ed.2d 958 (1981), in a similar situation, the trial judge, after substitution by the alternate juror, simply told the new panel to continue its deliberations and did not specifically instruct them to begin entirely anew. No obj…
• Peek v. Kemp, 784 F.2d 1479 (11th Cir. 1986)
  …at has addressed this issue concluded that substituting an alternate juror without instructing the jury to commence its deliberations anew is not constitutional error. See United States v. Evans, 635 F. 2d 1124, 1127-28 (4th Cir.1980), cert. denied, 452 U.S. 943, 101 S.Ct. 3090, 69 L.Ed.2d 958 (1981). In United States v. Phillips, 664 F. 2d 971 (5th Cir. Unit B Dec. 28, 1981), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354 (1982),3 we noted the rationale of Evans with approval: In Evans the t…
• United States v. Werlinger, 894 F.2d 1015 (8th Cir. 1990)
  …(approving instruction that 18 U.S.C. § 656 requires “intent to injure or defraud bank or deceive its officers, * * * ”); United States v. Steffen, 641 F. 2d 591, 597 (8th Cir.) (loans to relatives structured to deceive bank officers), cert. denied, 452 U.S. 943, 101 S.Ct. 3091, 69 L.Ed.2d 959 (1981). It is difficult to imagine an embezzler who does not take some affirmative steps to conceal his wrongdoing. Concealment is crucial to the very success of the crime. Not only does section 2B1.1 provide a base…