AQUI ET AL.
v.
NEW MEXICO

U.S. | 1986-10-20
No. 86-5367
479 U.S. 917 Supreme Court of the United States (1986) Positive Treatment
Cited by 10 cases

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  • United States v. Atterson, 926 F.2d 649 (7th Cir. 1991)
    …A “motion for severance is directed to the discretion of the district court, and we will reverse a defendant’s conviction only upon a showing of clear abuse of that discretion.” United States v. Pavelski, 789 F. 2d 485, 491 (7th Cir.), cert. denied, 479 U.S. 917, 107 S.Ct. 322, 93 L.Ed.2d 295 (1986), quoting United States v. Shue, 766 F. 2d 1122, 1135 (7th Cir.1985); see also United States v. Buishas, 791 F. 2d 1310, 1315 (7th Cir.1986). Further we note that “in considering a motion for severance, the trial…
  • United States v. DE LA Rosa, 922 F.2d 675 (11th Cir. 1991)
    …path was blocked or his progress impeded; and whether a plane ticket or identification was retained. Id. . See United States v. Kerr, 817 F. 2d 1384, 1386-87 (9th Cir.1987); United States v. Pavelski, 789 F. 2d 485, 488-89 (7th Cir.), cert. denied, 479 U.S. 917, 107 S.Ct. 322, 93 L.Ed.2d 295 (1986). . Thompson, 712 F. 2d at 1360. . In Thompson there was no indication that the defendant required his driver’s license because he intended to drive way immediately. In fact, the defendant was found in a parked…
  • United States v. Studley, 892 F.2d 518 (7th Cir. 1989)
    …s well settled that review of the trial court’s exercise of discretion in refusing a motion for severance ‘must be based on the state of the record at the time of the motion.’" United States v. Pavelski, 789 F. 2d 485, 491 (7th Cir.), cert. denied, 479 U.S. 917, 107 S.Ct. 322, 93 L.Ed.2d 295 (1986) (citations omitted). “The mere possibility of a co-defendant’s testimony is insufficient grounds for a severance.” United States v. Kord, 836 F. 2d 368, 373 (7th Cir.), cert. denied, — U.S. -, 109 S.Ct. 72, 102…

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