LEMIRE ET AL.

v.

UNITED STATES

Citator

Cited By

• 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…
• Reilly v. United States, 863 F.2d 149 (1st Cir. 1988)
  …tently been interpreted to require that damages in an FTCA suit — with a few exceptions not germane at this point — must be assessed in conformity with state law. See, e.g., Flannery v. United States, 718 F. 2d 108, 110 (4th Cir.1983), cert. denied, 467 U.S. 1226, 104 S.Ct. 2679, 81 L.Ed.2d 874 (1984); Smith v. Pena, 621 F. 2d 873, 880 (7th Cir.1980); Felder v. United States, 543 F. 2d 657, 665 (9th Cir.1976). The parties agree that Rhode Island is the relevant state for purposes of this case. At common law…

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• Lincoln v. Franklin Y.K. Sunn, 807 F.2d 805 (9th Cir. 1987)
  …tween the indictment and the jury instructions denied the defendant sufficient notice of the offense charged to permit him adequately to prepare and present his defense. See United States v. Lemire, 720 F. 2d 1327, 1344 (D.C.Cir.1983), cert. denied, 467 U.S. 1226, 104 S.Ct. 2678, 81 L.Ed.2d 874 (1984). A change in the government’s theory late in the case might constitute prejudicial variance, see Lemire, 720 F. 2d at 1345-46, or a constructive amendment, see Watson v. Jago, 558 F. 2d 330, 339 (6th Cir.1977)…