RICHARDS ET UX.

v.

SWINEBROAD & DENTON AUCTIONEERS ET AL.

Citator

Cited By

• United States v. Daniel Scott Gahagan (87-1991), 865 F.2d 1490 (6th Cir. 1989)
  …The court relied on the fact that the affiant was on the scene and pointed out the house to be searched when an error was discovered in the address. Burke, 784 F. 2d at 1093. In United States v. Turner, 770 F. 2d 1508 (9th Cir.1985), cert. denied, 475 U.S. 1026, 106 S.Ct. 1224, 89 L.Ed.2d 334 (1986), the circuit court upheld the search of a home that was sufficiently described except for the street number. The court found that the warrant description was sufficiently particular on the basis that [t]he ver…
• United States v. Caicedo, 937 F.2d 1227 (7th Cir. 1991)
  …that the court found that Caicedo’s perjured testimony was “calculated to mislead or deceive.” Caicedo cites a pre-Guidelines case, United States v. Glover, 608 F.Supp. 861 (D.C.N.Y.), aff'd without opinion, 779 F. 2d 39 (2d Cir.1985), cert. den., 475 U.S. 1026, 106 S.Ct. 1223, 89 L.Ed.2d 333 (1986), as support for the proposition that the court could not enhance his sentence pursuant to § 3C1.1 because the sentencing judge did not personally observe the alleged perjured testimony. Caicedo’s argument is wi…
• United States v. Lingenfelter, 997 F.2d 632 (9th Cir. 1993)
  …. 102, 108, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965), and therefore should “be tested and interpreted in a common sense and realistic, rather than a hypertechnical, manner.” United States v. Turner, 770 F. 2d 1508, 1510 (9th Cir.1985), cert. denied, 475 U.S. 1026, 106 S.Ct. 1224, 89 L.Ed.2d 334 (1986). Here, the expertise statement and search warrant affidavit were submitted to the magistrate as a packet at the time Potts was sworn. Construing the affidavit in a common sense and realistic manner, we agree wi…