REYNOLDS ET AL.

v.

DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION

Citator

Cited By (37 total)

• United States v. Filippo Casamento, 887 F.2d 1141 (2d Cir. 1989)
  …y payment,” “the defendant may not be required to pay reparations to persons not aggrieved by his crimes,” id. at 1170 (quoting Fiore, 696 F. 2d at 209). The government’s reliance on United States v. Ruffen, 780 F. 2d 1493 (9th Cir.), cert. denied, 479 U.S. 963, 107 S.Ct. 462, 93 L.Ed.2d 407 (1986), is also misplaced. In Ruffen, the Ninth Circuit affirmed a district court order, issued pursuant to § 3579, which required a defendant to pay restitution to a county social services agency after he pled guilty…
• United States v. North, 910 F.2d 843 (D.C. Cir. 1990)
  …d at 1079); United States v. Monaghan, 741 F. 2d 1434, 1443 (D.C.Cir.1984), cert. denied, 470 U.S. 1085, 105 S.Ct. 1847, 85 L.Ed.2d 146 (1985); United States v. Andrade, 788 F. 2d 521, 530-31 (8th Cir.), cert. denied sub nom. Riley v. United States, 479 U.S. 963, 107 S.Ct. 462, 93 L.Ed.2d 408 (1986). It is in the weighing of these factors that I see the issue differently than the Majority does. I consider the improper comments in the IC’s closing argument to be egregious prosecutorial misconduct because…
• United States v. Monzon, 869 F.2d 338 (7th Cir. 1989)
  …ior statement must be consistent with the declarant’s trial testimony. Id. Third, the statement must be offered to rebut an express or implied charge of recent fabrication. Id.; United States v. Andrade, 788 F. 2d 521, 533 (8th Cir.), cert. denied, 479 U.S. 963, 107 S.Ct. 462, 93 L.Ed.2d 408 (1986) (allegation of recent fabrication need not be express in order to justify Rule 801(d)(1)(B) exception). Finally, the statement must have been made before the declarant had a motive to fabricate. Harris, 761 F.…