SEAY, AKA DERRINGER

v.

UNITED STATES

Citator

Cited By (58 total)

• United States v. Murad Nersesian, 824 F.2d 1294 (2d Cir. 1987)
  …. denied, — U.S. -, 106 S.Ct. 1281, 89 L.Ed.2d 588 (1986). A district court’s denial of a motion to sever will be reversed only upon a showing of a clear abuse of discretion. United States v. Cody, 722 F. 2d 1052, 1061 (2d Cir.1983), cert. denied, 467 U.S. 1226, 104 S.Ct. 2678, 81 L.Ed.2d 873 (1984). To establish such an abuse an appellant must successfully bear “the heavy burden of showing that he suffered substantial prejudice due to the joint trial, amounting to a miscarriage of justice.” United State…
• United States v. Carmine Persico, 832 F.2d 705 (2d Cir. 1987)
  …ion of timely predicate acts by other members of the charged enterprise. Id. at 390. See also United States v. Cody, 722 F. 2d 1052, 1056-57 (2d Cir.1983) (government must prove defendant committed at least one timely predicate act), cert. denied, 467 U.S. 1226, 104 S.Ct. 2678, 81 L.Ed.2d 873 (1984); Castallano, 610 F.Supp. at 1383 (“Section 3282 does require that each defendant be named in at least one act of racketeering which is alleged to have occurred in the last five years.”); United States v. Field,…
• United States v. Chang An-Lo, 851 F.2d 547 (2d Cir. 1988)
  …er under Rule 14 are committed to the sound discretion of the trial judge, and a denial of such a motion will be reversed only upon a showing of clear abuse of that discretion. United States v. Cody, 722 F. 2d 1052, 1061 (2d Cir.1983), cert. denied, 467 U.S. 1226, 104 S.Ct. 2678, 81 L.Ed.2d 873 (1984); 1 C. Wright, Federal Practice & Procedure § 227, at 854 (2d ed. 1982 & Supp. 1987). In seeking to overturn the denial of a Rule 14 motion, [t]he burden is upon a moving defendant to show facts demonstrating t…