SCOTT

v.

UNITED STATES

Citator

Cited By (38 total)

• United States v. Carmine Persico, 832 F.2d 705 (2d Cir. 1987)
  …spiracy had ended by the time the statements were made. Absent an abuse of discretion, the district court’s decision should not be disturbed on appeal. See Rahme, 813 F. 2d at 36; United States v. Acosta, 763 F. 2d 671, 679 (5th Cir.), cert. denied, 474 U.S. 863, 106 S.Ct. 179, 88 L.Ed.2d 148 (1985); see also United States v. Moon, 718 F. 2d 1210, 1232 (2d Cir.1983), cert. denied, 466 U.S. 971, 104 S.Ct. 2344, 80 L.Ed.2d 818 (1984). We perceive no abuse of discretion by Judge Keenan. The evidence provided…
• United States v. Pierce, 893 F.2d 669 (5th Cir. 1990)
  …caine in furtherance of that goal. Since the jury was given a proper Pinkerton instruction, the evidence is sufficient to sustain Pierce’s possession conviction on this basis. See United States v. Acosta, 763 F. 2d 671, 681 (5th Cir.), cert. denied, 474 U.S. 863, 106 S.Ct. 179, 88 L.Ed.2d 148 (1985). 4. Variance Pierce claims that there is a fatal variance between the allegations in the indictment and the government’s proof at trial. The indictment, he points out, charges him with possessing and conspirin…
• United States v. Henry, 878 F.2d 937 (6th Cir. 1989)
  …the jury’s request. As to the court’s decision to send in only the instructions relating to the substantive counts, we find this to be a proper exercise of the court’s discretion. United States v. Acosta, 763 F. 2d 671, 677 (5th Cir.), cert. denied, 474 U.S. 863, 106 S.Ct. 179, 88 L.Ed.2d 148 (1985). [*941] Henry also argues that the court erred in the instruction it gave to the jury relative to the lesser included offense of possession of marijuana. The court’s instruction was as follows: The essential el…