PERRY

v.

GRESK ET AL.

Citator

Cited By (18 total)

• United States v. Cardall, 885 F.2d 656 (10th Cir. 1989)
  …t necessary for the government to show that the precise object stolen, converted, or taken by fraud be transported. It is sufficient if the item transported is directly derived from the property stolen, converted, or taken by fraud.”), cert. denied, 480 U.S. 949, 107 S.Ct. 1612, 94 L.Ed.2d 797 (1987). See also United States v. Levy, 579 F. 2d 1332, 1337 (5th Cir.1978) (although a literal reading of § 2314 would require that the very object taken by fraud be transported in interstate commerce, such a narrow…
• United States v. Harrison, 918 F.2d 469 (5th Cir. 1990)
  …ule 48(b) of the Federal Rules of Criminal Procedure. The simple answer to appellants’ sixth amendment argument is that there is no sixth amendment right to a speedy indictment. United States v. Carlock, 806 F. 2d 535, 549 (5th Cir.), cert. denied, 480 U.S. 949, 107 S.Ct. 1611, 94 L.Ed.2d 796 (1987). The primary safeguard of appellants’ rights is the statute of limitations. United States v. Marion, 404 U.S. 307, 322, 92 S.Ct. 455, 464, 30 L.Ed.2d 468 (1971). Because the delay alleged in this [*474] case oc…
• United States v. Rogers, 94 F.3d 1519 (11th Cir. 1996)
  …168, 178 (6th Cir.1986) ("[W]e conclude that the failure to instruct the jury on an essential element of the crime charged is one of the exceptional constitutional errors to which the Chapman harmless error analysis does not apply."), cert. denied, 480 U.S. 949, 107 S.Ct. 1610, 94 L.Ed.2d 796 (1987). Other circuits have recognized that this type of mistake will sometimes be amenable to harmless error scrutiny. Roy v. Gomez, 81 F. 3d 863, 866-67 (9th Cir.1996) (en banc) (finding that harmless error analys…