DENNIS

v.

UNITED STATES

Citator

Cited By (13 total)

• Williams v. State, 618 So. 2d 323 (Fla. 3d DCA 1993)
  …ho removes his selling activity a considerable distance from a school in order to avoid the risk of being within the one thousand foot zone.” Burch, 545 So. 2d at 281, quoting United States v. Agilar, 779 F. 2d 123, 126 (2nd Cir.1985), cert. denied, 475 U.S. 1068, 106 S.Ct. 1385, 89 L.Ed.2d 609 (1986). Likewise, to avoid running afoul of section 893.-13(l)(i), a person need only refrain from illegal drug activity in the vicinity of public housing. Compare Richards v. State, 608 So. 2d 917 (Fla. 3d DCA 1992…
• United States v. Miller, 22 F.3d 1075 (11th Cir. 1994)
  …shed that the “trial court has the obligation to instruct the jury on all the essential elements of the crime charged, even though the defendant fails to request such an instruction.” Potts v. Zant, 734 F. 2d 526, 530 (11th Cir.1984), cert. denied, 475 U.S. 1068, 106 S.Ct. 1386, 89 L.Ed.2d 610 (1986) (quoting United States v. Herzog, 632 F. 2d 469, 472 (5th Cir.1980)). The court’s failure to so instruct is plain error if the defendant’s substantial rights are adversely affected. Fitzpatrick, 581 F. 2d at…
• Coleman v. Saffle, 869 F.2d 1377 (10th Cir. 1989)
  …eged constitutional defects in his conviction and sentence, we should be reluctant to hold that his misconduct is grave enough to warrant the sanction of dismissal of his petition. See Potts v. Zant, 734 F. 2d 526, 529 (11th Cir.1984), cert. denied, 475 U.S. 1068, 106 S.Ct. 1386, 89 L.Ed.2d 610 (1986). Coleman argues that this court’s decision in Cartwright v. Maynard, 822 F. 2d 1477 (10th Cir.1987), and the Supreme Court’s subsequent affirmance in Maynard v. Cartwright, — U.S. -, 108 S.Ct. 1853, 100 L.Ed.2…