BORMEY

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (18 total)

• United States v. Goldblatt, 813 F.2d 619 (3d Cir. 1987)
  …le 18 U.S.C. § 2113(b) prohibits a broader range of conduct than common law larceny, including “taking with intent to deprive the owner of permanent use of the property taken.” United States v. Hinton, 703 F. 2d 672, 674 (2d Cir.1983), cert. denied, 462 U.S. 1121, 103 S.Ct. 3091, 77 L.Ed.2d 1351 (1983). The taking and carrying, therefore, can be accomplished simply by withdrawing funds from a bank pursuant to a scheme to defraud. United States v. Simmons, 679 F. 2d 1042, 1049 (3d Cir.1982), cert. denied, 4…
• United States v. Gossett, 877 F.2d 901 (11th Cir. 1989)
  …not have to find the element of taking with the intent to permanently deprive the owner of property, an element in the lesser included offense of larceny and thus an element of robbery. United States v. Hinton, 703 F. 2d 672 (2d Cir.), cert. denied, 462 U.S. 1121, 103 S.Ct. 3091, 77 L.Ed.2d 1351 (1983); United States v. Riggs, 537 F. 2d 1219 (4th Cir.1976). The district court correctly instructed the jury that conversion was not an element of proof on a robbery charge. As for Gossett’s contention that the j…
• Cook v. Foltz, 814 F.2d 1109 (6th Cir. 1987)
  …l retroactive effect in this circuit “since the instructional error would normally affect a defendant’s right to a fair trial and impact upon the ultimate issue of innocence or guilt.” Conway v. Anderson, 698 F. 2d 282, 284 (6th Cir.), cert. denied, 462 U.S. 1121, 103 S.Ct. 3092, 77 L.Ed.2d 1352 (1983). See also McBee; Williams v. Engle, 683 F. 2d 152 (6th Cir.1982); Krzeminski v. Perini, 614 F. 2d 121 (6th Cir.), cert. denied, 449 U.S. 866, 101 S.Ct. 199, 66 L.Ed.2d 84 (1980). We cannot consider the Sand…