AUDIA

v.

WEST VIRGINIA

Citator

Cited By (40 total)

• United States v. Tarantino, 846 F.2d 1384 (D.C. Cir. 1988)
  …obviously where there is a serious risk that the plea itself may be taken by the jury to support the defendants’ guilt — a limiting instruction may be necessary to avoid prejudice. Wallace v. Lockhart, 701 F. 2d 719, 725-26 (8th Cir.), cert. denied, 464 U.S. 934, 104 S.Ct. 340, 78 L.Ed.2d 308 (1983). At trial, however, Tarantino’s counsel neither requested limiting instructions nor objected to the court’s failure to give such instructions. Therefore, we could reverse only if the omission were plain error.…
• United States v. Hoyt, 879 F.2d 505 (9th Cir. 1989)
  …ion became effective on November 1, 1987. Hoyt was sentenced in July, 1987. A legislature may prospectively reduce the penalty for a crime without affecting those previously sentenced. See Frazier v. Manson, 703 F. 2d 30, 36 (2d Cir.), cert. denied, 464 U.S. 934, 104 S.Ct. 339, 78 L.Ed.2d 308 (1983). Because he was sentenced prior to the effective date of § 3553(e), its purported unconstitutionality has not caused him an “actual injury re-dressable by the court.” See Simon v. Eastern Ky. Welfare Rights Org.…
• United States v. Judd Carver Eisenberg, 807 F.2d 1446 (8th Cir. 1986)
  …answered. We find that this conduct by the government, while not condoned, was harmless and did not affect Eisenberg’s substantial rights. See, United States v. Zabel, 702 F. 2d 704, 710 (8th Cir.), cert. denied sub nom., Gukeisen v. United States, 464 U.S. 934, 104 S.Ct. 339, 78 L.Ed.2d 308 (1983); Fed.R.Crim.P. 52(a). Lastly, Eisenberg claims that the evidence was insufficient to support the jury’s verdict. It is well established that the evidence is to be viewed in the light most favorable to the verdi…