SIMMONS

v.

UNITED STATES

Citator

Cited By

• 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. Roy C. Blakeney (90-5664), 942 F.2d 1001 (6th Cir. 1991)
  …h passes constitutional muster. See Worthington v. United States, 726 F. 2d 1089, 1092 (6th Cir.) (finding no prejudice from overbroad warrant where matters relating to the infirm portion of the warrant were not offered into evidence), cert. denied, 469 U.S. 827, 105 S.Ct. 109, 83 L.Ed.2d 53 (1984). See also Cook, 657 F. 2d at 735 (“As the leading commentator has observed, ‘it would be harsh medicine indeed if a warrant which was issued on probable cause and which did particularly describe certain items wer…
• White Fabricating Co. v. United States, 903 F.2d 404 (6th Cir. 1990)
  …remand, should consider also whether certain evidence may properly have been seized if [*412] probable cause were established, but the warrant itself may have been overbroad. See Worthington v. United States, 726 F. 2d 1089 (6th Cir.), cert. denied, 469 U.S. 827, 105 S.Ct. 109, 83 L.Ed.2d 53 (1984). The dissent in this case emphasizes the government’s important and legitimate interest in prosecution of, and the cessation of, racketeering and obscenity. While we understand this emphasis and do not fail to a…