BOUGH ET AL.
v.
RAMIREZ

U.S. | 1985-04-15
No. 84-1013
471 U.S. 1025 Supreme Court of the United States (1985) Positive Treatment
Cited by 11 cases

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  • United States v. Mervyn Harold Cross, 928 F.2d 1030 (11th Cir. 1991)
    …2d at 833, quoting Paris Adult Theatre I v. Slaton, 413 U.S. 49, 56 n. 6, 93 S.Ct. 2628, 2634 n. 6, 37 L.Ed.2d 446 (1973).64 Accord Hamling, 418 U.S. at 108, 94 S.Ct. at 2903; United States v. Petrov, 747 F. 2d 824, 830 (2nd Cir.1984), cert. denied, 471 U.S. 1025, 105 S.Ct. 2037, 85 L.Ed.2d 318 (1985). Lanning's testimony was also helpful to the jury and relevant to its consideration of the conspiracy and mail fraud charges against Cross. In his defense at trial, Cross contended that the Tampa photos were i…
  • United States v. Blackmon, 839 F.2d 900 (2d Cir. 1988)
    …On all counts as to which we have affirmed the convictions, we remand for reconsideration of sentencing. See United States v. Petrov, 747 F. 2d 824, 832 (2d Cir.1984) (citing United States v. Hines, 256 F. 2d 561, 563 (2d Cir.1958)), cert. denied, 471 U.S. 1025, 105 S.Ct. 2037, 85 L.Ed.2d 313 (1985). Up to this point, we have not relied upon the discretionary “concurrent sentence” doctrine, see United States v. Vargas, 615 F. 2d 952, 956-60 (2d Cir.1980), but have instead reached the merits even on those…
  • United States v. Gantzer, 810 F.2d 349 (2d Cir. 1987)
    …eone sell or give it to others.” Id. at 128, 93 S.Ct. at 2669 (citations omitted) (emphasis added). We have previously noted the Supreme Court’s broad reading of section 1461, United States v. Petrov, 747 F. 2d 824, 826 (2d Cir.1984), cert. denied, 471 U.S. 1025, 105 S.Ct. 2037, 85 L.Ed.2d 813 (1985), and questioned the continuing validity of Dellapia, id. at 835 (Newman, J., dissenting on other grounds). See also United States v. Kiffer, 477 F. 2d 349, 352 (2d Cir.), cert. denied, 414 U.S. 831, 94 S.Ct. 16…

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