ARCHIE

v.

UNITED STATES

Citator

Cited By

• United States v. Basey, 816 F.2d 980 (5th Cir. 1987)
  …actual or constructive possession. Because no aiding and abetting instruction was given to the jury, Basey’s substantive offense conviction cannot rest on that basis. See United States v. Wilson, 657 F. 2d 755, 762-63 (5th Cir.1981), cert. denied, 455 U.S. 951, 102 S.Ct. 1456, 71 L.Ed.2d 667 (1982).33 Instead, we view Basey’s conviction on the substantive possession offense as founded on the rule that each conspirator may be held criminally culpable for substantive offenses committed by the conspiracy of…
• United States v. Fuesting, 845 F.2d 664 (7th Cir. 1988)
  …Adams, 694 F. 2d 200, 202 (9th Cir.1982), cert. denied, 462 U.S. 1118, 103 S.Ct. 3085, 77 L.Ed.2d 1347 (1983); United States v. Iaquinta, 674 F. 2d 260, 264-69 (4th Cir.1982); United States v. Wilson, 657 F. 2d 755, 767 (5th Cir.1981), cert. denied, 455 U.S. 951, 102 S.Ct. 1456, 71 L.Ed.2d 667 (1982). Fuesting’s speedy trial rights would have begun to run, at the earliest, on September 5, 1985, the date the federal complaint was filed. 18 U.S.C. § 3161(c)(1). Under both the Act and the sixth amendment, tho…
• United States v. Silva, 745 F.2d 840 (4th Cir. 1984)
  …404, 409 (5th Cir.1963), cert, denied, 375 U.S. 986, 84 S.Ct. 520, 11 L.Ed.2d 474 (1964). In other words, this language implies that the defendant must put on rebutting evidence. Washington v. Harris, 650 F. 2d 447, 453 (2d Cir.1981), cert, denied, 455 U.S. 951, 102 S.Ct. 1455, 71 L.Ed.2d 666 (1982). Despite the deficiencies of this language, we do not find them sufficient to require reversal on the facts of this case. It is well established “that a single instruction to a jury may not be judged in artifi…