GROSZ ET AL.

v.

CITY OF MIAMI BEACH ET AL.

Citator

Cited By (33 total)

• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (U.S. 1993)
  …f altering its activity to allow the religious practice to continue unimpeded versus the cost to the religious interest imposed by the government activity.’ ” Ibid., quoting Grosz v. City of Miami Beach, 721 F. 2d 729, 734 (CA11 1983), cert. denied, 469 U. S. 827 (1984). The court found four compelling interests. First, the court found that animal sacrifices present a substantial health risk, both to participants and the general public. According to the court, animals that are to be sacrificed are often kep…
• United States v. Williams, 876 F.2d 1521 (11th Cir. 1989)
  …86, 888 (11th Cir.), cert. denied, — U.S. -, 109 S.Ct. 154, 102 L.Ed.2d 125 (1988) (quantity of controlled substance in defendant’s possession pertinent only to sentencing); United States v. Simmons, 725 F. 2d 641, 643-644 (11th Cir.), cert. denied, 469 U.S. 827, 105 S.Ct. 108, 83 L.Ed.2d 52 (1984) (same). Therefore, the district court correctly denied appellants’ proposed lesser included offense instructions.5 Finally, appellants contend that their sentences under section 841 (b)( 1) (A)(iii) (which pena…
• United States v. Ocampo, 890 F.2d 1363 (7th Cir. 1989)
  …t. denied, 484 U.S. 822, 108 S.Ct. 83, 98 L.Ed.2d 45 (1987); United States v. Morgan, 835 F. 2d 79, 81 (5th Cir.1987); United States v. McHugh, 769 F. 2d 860, 868 (1st Cir.1985); United States v. Simmons, 725 F. 2d 641 (11th Cir.1983), cert. denied, 469 U.S. 827, 105 S.Ct. 108, 83 L.Ed.2d 52 (1984). As an enhanced penalty provision, its elements need not be charged to the jury but instead are to be considered by the court at sentencing. Acevedo, slip op. at 6. Once the proof at trial establishes a particu…