BUTTS

v.

DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By (15 total)

• United States v. Stewart, 65 F.3d 918 (11th Cir. 1995)
  …holding § 241 not vague or overbroad); United States v. J.H.H., 22 F. 3d 821, 828 (8th Cir.1994) (holding §§ 241 and 3631 not vague); United States v. Gilbert, 813 F. 2d 1523, 1530-31 (9th Cir.) (holding § 3631 not vague or overbroad), cert. denied, 484 U.S. 860, 108 S.Ct. 173, 98 L.Ed.2d 127 (1987). The same result applies to § 844. It is not vague, because the language provides clear notice that using fire during the course of committing a felony is a crime; it is not overbroad, because it applies only…
• United States v. Sleet, 893 F.2d 947 (8th Cir. 1990)
  …apment, and the law as a matter of policy forbids his conviction in such a case. It is well established that a defendant is not entitled to a particularly worded instruction. United States v. Krapp, 815 F. 2d 1183, 1187-88 (8th Cir.), cert. denied, 484 U.S. 860, 108 S.Ct. 174, 98 L.Ed.2d 127 (1987). A district court has wide discretion in formulating jury instructions and that discretion is not abused when the instructions as a whole accurately and adequately state the relevant law. United States v. Wagner…
• United States v. Thunder, 893 F.2d 950 (8th Cir. 1990)
  …rief. For reasons to be mentioned, we believe that even under a plain error standard of review, there was error affecting “substantial rights resulting in a miscarriage of justice.” United States v. Gantos, 817 F. 2d 41, 43 (8th Cir.), cert. denied, 484 U.S. 860, 108 S.Ct. 175, 98 L.Ed.2d 128 (1987). “[Sentences based upon material misinformation or erroneous assumptions violate due process.” United States v. Wright, 799 F. 2d 423, 426 (8th Cir.1986), citing Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252,…