JOHNSON

v.

UNITED STATES

Citator

Cited By (72 total)

• Boyd v. State, 578 So. 2d 718 (Fla. 3d DCA 1991)
  …), cert. denied, [*721] 488 U.S. 974, 109 S.Ct. 511, 102 L.Ed.2d 546 (1988). As RICO was not intended to subject ordinary sporadic criminal activity to heightened punishment, United States v. Lemm, 680 F. 2d 1193, 1198 (8th Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 739, 74 L.Ed.2d 960 (1983), the commission of the predicate act of racketeering provides only one of the three elements comprising a RICO violation. Unless it is shown that the individual not only (1) committed the designated crime, but a…
• United States v. DeLUNA, 763 F.2d 897 (8th Cir. 1985)
  …the evidence in the light most favorable to the government and must give the government the benefit of all reasonable inferences that may logically be drawn from the evidence. United States v. Smith, 680 F. 2d 255, 259 (1st Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 738, 74 L.Ed.2d 960 (1983); United States v. Anziano, 606 F. 2d 242, 244 (8th Cir.1979). “A motion for acquittal should be granted only where ‘the evidence viewed in the light most favorable to the Government, is such that a reasonably mi…
• United States v. Gold, 743 F.2d 800 (11th Cir. 1984)
  …ors that were within the scope of the conspiracy and ¡n furtherance of its objectives. Pinkerton v. United States, 328 U.S. 640, 647, 66 S.Ct. 1180, 1184, 90 L.Ed. 1489 (1946); United States v. Smith, 680 F. 2d 255, 261 (lst Cir.1982), cert. denied, 459 U.S. 1110, 103 g.Ct. 738, 74 L.Ed.2d 960 (1983). We believe that the evidence presented at trial was sufficient to demonstrate that false statements were made on the Medicare claims cited in counts two through forty of ^be indictment; appellants essentially…