ESTRADA

v.

UNITED STATES

Citator

Cited By

• United States v. Norbert Schlei, 122 F.3d 944 (11th Cir. 1997)
  …only be proved by a preponderance of the evidence as opposed to beyond a reasonable doubt.” United States v. Barnes, 681 F. 2d 717, 722 (quotation omitted), amended by, 694 F. 2d 233 (11th Cir.1982), cert. denied sub nom. Riddle v. United States, 460 U.S. 1046, 103 S.Ct. 1447, 75 L.Ed.2d 802 (1983). This court reviews a challenge to venue in the light most favorable to the government and makes all reasonable inferences and credibility choices in favor of the jury verdict when deciding whether the governm…
• United States v. Cleveland R. Rodgers, 755 F.2d 533 (7th Cir. 1985)
  …requirement. See, e.g., United States v. Barnes, 681 F. 2d 717, 724 (11th Cir.1982) (“The [*543] question is ... whether [the defendant’s] call ... was knowingly or intentionally made for the purpose of facilitating the conspiracy.”), cert. denied, 460 U.S. 1046, 103 S.Ct. 1447, 75 L.Ed.2d 802 (1983); United States v. Phillips, 664 F. 2d 971, 1032 (5th Cir.1981) (“There was thus a sufficient showing that [the defendant’s] conversation ... had the unlawful purpose of facilitating the commission of the illega…
• United States v. Wagner, 834 F.2d 1474 (9th Cir. 1987)
  …laughter from murder, see 18 U.S.C. §§ 1111(a), 1112(a), and the defendant’s showing of a “heat of passion” is said to negate the presence of malice. Scafe, 822 F. 2d at 932; United States v. Collins, 690 F. 2d 431, 437 (5th Cir.1982), cert. denied, 460 U.S. 1046, 103 S.Ct. 1447, 75 L.Ed.2d 801 (1983). The standard, however, is not a subjective one. “While the crime of manslaughter is in some sense ‘irrational’ by definition, in that it arises out of a person’s passions, the provocation must be such as wou…