BRIONES-GARZA

v.

UNITED STATES

Citator

Cited By (51 total)

• United States v. Chan Walker Zielie, 734 F.2d 1447 (11th Cir. 1984)
  …defendant must establish that the joint trial subjected him not just to some prejudice, but to compelling prejudice against which the district court could not afford protection.” United States v. Harper, 680 F. 2d 731, 733 (11th Cir.), cert. denied, 459 U.S. 916, 103 S.Ct. 229, 74 L.Ed.2d 182 (1982). In determining prejudice we must consider whether the jury could “individualize each defendant in his relation to the mass,” Kotteakos v. United States, 328 U.S. 750, 773, 66 S.Ct. 1239, 1252, 90 L.Ed. 1557 (…
• United States v. Hewes, 729 F.2d 1302 (11th Cir. 1984)
  …tice. Phillips, 664 F. 2d at 1016. We will reverse a trial court’s denial of severance under Rule 14 only for an abuse of discretion. United States v. Russell, 703 F. 2d at 1247; United States v. Harper, 680 F. 2d 731, 733 (11th Cir.), cert. denied, 459 U.S. 916, 103 S.Ct. 229, 74 [*1319] L.Ed.2d 182 (1982); Phillips, 664 F. 2d at 1016. This court has repeatedly stated that “[i]n order to demonstrate an abuse of discretion, the defendant must establish that the joint trial subjected him not just to some pre…
• Univ. OF Ga. Athletic Ass'n v. Laite, 756 F.2d 1535 (11th Cir. 1985)
  …of confusion” factual finding subject to “clearly erroneous” standard of review); Safeway Stores, Inc., 675 F. 2d at 1163 (same); Amstar Corp., 615 F. 2d at 257-58 (same). But see Elby’s Big Boys of Steubenville, Inc. v. Frisch’s Restaurants, Inc., 459 U.S. 916, 103 S.Ct. 231, 74 L.Ed.2d 182 (1982) (White, J., dissenting from denial of certiorari) (discussing split in circuits on whether “likelihood of confusion” is question of fact or legal conclusion). A district court’s factual finding is clearly errone…