SOHAPPY ET AL.

v.

UNITED STATES

Citator

Cited By (22 total)

• United States v. Khoury, 901 F.2d 948 (11th Cir. 1990)
  …79). . The magistrate denied the motion, rather than deferring the motion to the trial court to be ruled upon. Cf. United States v. Garcia, 778 F. 2d 1558, 1560 (11th Cir.) (deferral of James motion to district court is not a denial), cert. denied, 477 U.S. 906, 106 S.Ct. 3279, 91 L.Ed.2d 568 (1986). . This conclusion is consistent with Henderson v. United States, 476 U.S. 321, 106 S.Ct. 1871, 90 L.Ed.2d 299 (1986) and Stafford, 697 F. 2d 1368. In Stafford the court ruled that where a motion requiring a h…
• United States v. Friedman, 854 F.2d 535 (2d Cir. 1988)
  …jury, not in an appellate brief. It is not a function of an appellate court to “second-guess a jury’s finding on credibility,” United States v. Stratton, 779 F. 2d 820, 828 (2d Cir.1985), cert. denied, 476 U.S. 1162, 106 S.Ct. 2285, 90 L.Ed.2d 726, 477 U.S. 906, 106 S.Ct. 3277, 91 L.Ed.2d 567 (1986), and we will not do so here. Second, Kaplan contends that the evidence of his bribe to Manes is insufficient because there is no direct evidence that he had given Citisource stock to Manes with the intention o…
• The United States v. Aguilar, 843 F.2d 155 (3d Cir. 1988)
  …tion ... in the overall scheme, the jury was entitled to infer that, in making drug-related payments, [wife] was acting at her husband’s direction.”), cert. denied, 476 U.S. 1162, 106 S.Ct. 2285, 90 L.Ed.2d 726 and sub nom. Parness v. United States, 477 U.S. 906, 106 S.Ct. 3277, 91 L.Ed.2d 567 (1986). In sum, the evidence at trial that Sosa managed, supervised or controlled these five individuals was sufficient to support his CCE conviction.6 “The evidence may not show that [Sosa] conducted the activities…