ELIZEY

v.

OHIO

Citator

Cited By (37 total)

• United States v. Athanasios Theodoropoulos, 866 F.2d 587 (3d Cir. 1989)
  …ly establishes a basis for our review, the proper avenue for pursuing such claims is through a collateral proceeding in which the factual basis for the claim may be developed. See United States v. Gambino, 788 F. 2d 938, 950 (3d Cir.), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986); Government of Virgin Islands v. Zepp, 748 F. 2d 125, 133-34 (3d Cir.1984).4 Our affirmance of the convictions of these three defendants is without prejudice to their ability to initiate a section 2255 collateral…
• United States v. Inigo, 925 F.2d 641 (3d Cir. 1991)
  ….1989). Once a defendant puts in evidence from which a lack of predisposition and inducement can be inferred, the burden of proof shifts to the government to prove entrapment. See United States v. Gambino, 788 F. 2d 938, 943 (3d Cir.), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986). Skerianz argues that the government failed to meet its burden of proving beyond a reasonable doubt that he was not entrapped because it did not expressly deny involvement before January 5. Our review of Skerianz…
• The United States v. Hilmer Burdette Sandini, 888 F.2d 300 (3d Cir. 1989)
  …assistance of counsel in collateral proceedings under 28 U.S.C. § 2255 rather than on direct appeal. See Government of Virgin Islands v. Forte, 806 F. 2d 73, 77-78 (3d Cir.1986); United States v. Gambino, 788 F. 2d 938, 950 (3d Cir.), cert. denied, 479 U.S. 825, 107 S.Ct. 98, 93 L.Ed.2d 49 (1986). Our rationale for reserving such claims for collateral review is that “oft-times such claims involve allegations and evidence that are either absent from or not readily apparent on the record.” Gambino, 788 F.…