GARCIA

v.

UNITED STATES

Citator

Cited By (63 total)

• United States v. DeLUNA, 763 F.2d 897 (8th Cir. 1985)
  …government’s case against [him or her].” United States v. Garcia, 647 F. 2d 794, 796 (8th Cir.) (citing United States v. Abraham, 541 F. 2d 1234, 1240 (7th Cir.1976), cert. denied, 429 U.S. 1102, 97 S.Ct. 1128, 51 L.Ed.2d 553 (1977)), cert. denied, 454 U.S. 970, 102 S.Ct. 516, 70 L.Ed.2d 387 (1981). We believe, however, that the improper use of a “completely exculpatory” standard was harmless error under the circumstances. We can discern the substance and exculpatory effect of the desired testimony from t…
• United States v. Fleishman, 684 F.2d 1329 (9th Cir. 1982)
  …as to a defense of entrapment is properly a question for the trial judge, the standard of review being abuse of discretion. United States v. Shapiro, 669 F. 2d 593 (9th Cir. 1982); United States v. Diggs, 649 F. 2d 731, 738 (9th Cir.), cert. denied, 454 U.S. 970, 102 S.Ct. 516, 70 L.Ed.2d 387 (1981). The primary focus on the appellate review should be on the defendant’s predisposition to commit the crime rather than on the character of the Government agents’ actions. Id. Although only slight evidence is nee…
• United States v. Feldman, 788 F.2d 544 (9th Cir. 1986)
  …Feldman was not the robber, motive was not an issue and motive evidence was improper. A district court is accorded wide discretion in deciding to admit evidence under Rule 404(b). United States v. Diggs, 649 F. 2d 731, 737 (9th Cir.), cert. denied, 454 U.S. 970, 102 S.Ct. 516, 70 L.Ed.2d 387 (1981). We review a district court’s decision on the relevancy of evidence for abuse of discretion. United States v. Burreson, 643 F. 2d 1344, 1349 (9th Cir.), cert. denied, 454 U.S. 830, 102 S.Ct. 125, 70 L.Ed.2d 106,…