HESS

v.

UNITED STATES

Citator

Cited By (37 total)

• State v. Ira Cohen, 696 So. 2d 435 (Fla. 4th DCA 1997)
  …be excluded from the prohibitions of subsection 827.071(5). In fact, just the opposite conclusion can be inferred. See also State v. Tirohn, 556 So. 2d 447 (Fla. 5th DCA 1990).9 In United States v. Smith, 795 F. 2d 841 (9th Cir.1986), cert. denied, 481 U.S. 1032, 107 S.Ct. 1964, 95 L.Ed.2d 585 (1987), the defendant similarly argued that unprocessed, undeveloped film did not constitute a “visual depiction” within the terms of the federal pornography statute because “substantial, complicated, and costly devel…
• United States v. Epifanio Sanchez-Lopez, 879 F.2d 541 (9th Cir. 1989)
  …motion. The district court denied the motions without explanation. Misjoinder of charges under Rule 8 is a question of law which we review independently and non-deferentially. United States v. Smith, 795 F. 2d 841, 850 (9th Cir.1986), cert. denied, 481 U.S. 1032, 107 S.Ct. 1964, 95 L.Ed.2d 535 (1987). Guillermo Sanchez-Lopez moved for severance under Rule 8(a). Rule 8(a) provides: Joinder or Offenses. Two or more offenses may be charged in the same indictment or information in a separate count for each of…
• United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990)
  …such weapons are many times “tools of the trade” for drug dealers, and since the evidence thus had circumstantial relevance to defendant's intent on drug conspiracy count); see also United States v. Martinez, 808 F. 2d 1050 (5th Cir.), cert. denied, 481 U.S. 1032, 107 S.Ct. 1962, 95 L.Ed.2d 533 (1987) (handgun properly admitted in prosecution for drug conspiracy since weapon was tool of trade of those engaged in illegal drug activity and was highly probative in proving criminal intent, and inference of illeg…