CARAPELLA ET AL.

v.

UNITED STATES

Citator

Cited By (47 total)

• Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
  …since this failure may well have caused the jury to impose a sentence of death. See Tyler v. Phelps, 643 F. 2d 1095, 1100 (5th Cir.1981) (prejudice found where instruction shifted burden of proof on critical issue that was in dispute), cert. denied, 456 U.S. 935, 102 S.Ct. 1992, 72 L.Ed.2d 455 (1982). I conclude that there was both cause and prejudice with respect to Ford’s failure to object to the absence of a jury instruction that the reasonable doubt standard applies to the “weighing” finding.…
• United States v. Young, 745 F.2d 733 (2d Cir. 1984)
  …cuit that “telephone-use counts * * * do lie within § 848.” United States v. Webster, 639 F. 2d 174, 181 (4th Cir.), cert. denied, 454 U.S. 857, 102 S.Ct. 307, 70 L.Ed.2d 152 (1981), modified on other grounds, 669 F. 2d 185 (4th Cir.), cert, denied, 456 U.S. 935, 102 S.Ct. 1991, 72 L.Ed.2d 455 (1982). ... ■ . •, [9] Myers s sufficiency of evidence , . . , .. . , ,, claim is equally deficient. Of the seven , , , in , .,, , , ,, telephone calls submitted to the lury as . .. , . potential predicate violations…
• United States v. Cauble, 706 F.2d 1322 (5th Cir. 1983)
  …d the affairs of” the enterprise. See Hartley, 678 F. 2d at 990-91; Welch, 656 F. 2d at 1062; cf. United States v. Webster, 669 F. 2d 185, 187 (4th Cir.) (modifying earlier opinion holding that enterprise’s affairs must be benefitted), cert. denied, 456 U.S. 935, 102 S.Ct. 1991, 72 L.Ed.2d 455 (1982). Nor must the government demonstrate that the enterprise itself was corrupt or that it authorized the defendant’s conduct. The prosecution- need prove only that the racketeering acts affected the enterprise in…