PUGH

v.

FLORIDA

Citator

Cited By (39 total)

• Gomez v. United States, 490 U.S. 858 (U.S. 1989)
  …followed the Fifth Circuit in Ford, while two Ninth Circuit opinions decide the issue much as the Second Circuit did below. Compare United States v. Trice, 864 F. 2d 1421 (CA8 1988), with United States v. Peacock, 761 F. 2d 1313 (CA9), cert. denied, 474 U. S. 847 (1986); United States v. Bezold, 760 F. 2d 999 (CA9 1985), cert. denied, 474 U. S. 1063 (1986). See also United States v. Rodriguez-Suarez, 856 F. 2d 135 (CA11 1988) (because no assertion of prejudice, declines to reach merits of claim), cert. denie…
• Peretz v. United States, 501 U.S. 923 (U.S. 1991)
  …Thus, Raddatz established that, to the extent “de novo review is required to satisfy Article III concerns, it need not be exercised unless requested by the parties.” United States v. Peacock, 761 F. 2d 1313, 1318 (CA9) (Kennedy, J.), cert. denied, 474 U. S. 847 (1985). In this case, petitioner did not ask the District Court to review any ruling by the Magistrate. If a defendant in a future case does request review, nothing in the statute precludes a district court from providing the review that the Const…

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• United States v. Epifanio Sanchez-Lopez, 879 F.2d 541 (9th Cir. 1989)
  …, however, were removed from the superseding indictment. The district court denied appellants’ motions for election of counts on the final day of trial without explanation. In United States v. Peacock, 761 F. 2d 1313, 1319 (9th Cir.), cert. denied, 474 U.S. 847, 106 S.Ct. 139, 88 L.Ed.2d 114 (1985), we found that Count I of an indictment charging a conspiracy to manufacture and distribute amphetamines and Count II charging a conspiracy to manufacture and distribute P-2-P were multiplicious. We stated that…