POWELL

v.

UNITED STATES

Citator

Cited By (28 total)

• United States v. Torres, 901 F.2d 205 (2d Cir. 1990)
  …t took into account any improper factor, the sentence may not be reviewed on appeal.” United States v. Giraldo, 822 F. 2d 205, 210 (2d Cir.) (citing Gore v. United States, 357 U.S. 386, 393, 78 S.Ct. 1280, 1284, 2 L.Ed.2d 1405 (1958)), cert. denied, 484 U.S. 969, 108 S.Ct. 466, 98 L.Ed.2d 405 (1987). 1. The Torres Brothers. The Torres brothers claim that the mandatory life sentence without parole imposed by 21 U.S.C. § 848(b) (Supp. V 1987) is unconstitutional. Since we have vacated their convictions unde…
• United States v. Mervyn Harold Cross, 928 F.2d 1030 (11th Cir. 1991)
  …ctual question for the jury, and that it was therefore not within the province of the court ultimately to weigh the government’s and Cross’s evidence on this matter. See United States v. Ayarza-Garcia, 819 F. 2d 1043, 1048 (11th Cir.), cert. denied, 484 U.S. 969, 108 S.Ct. 465 (1987); United States v. Clark, 546 F. 2d 1130, 1135 (5th Cir.1977). This is in contrast to the ordinary, non-guilt-related immunity claim, in which the government seeks to use against a defendant evidence that he contends derives fro…
• Luis E. Garcia, M.D. v. Copenhaver, Bell & Assocs., M.D.'S, P.A., 104 F.3d 1256 (11th Cir. 1997)
  …a material element of the crime, the jurisdictional issue should be decided by the jury and not the judge. United States v. Medina, 90 F. 3d 459, 463-64 (11th Cir.1996); United States v. Ayarza-Garcia, 819 F. 2d 1043, 1048 (11th Cir.), cert. denied, 484 U.S. 969, 108 S.Ct. 465, 98 L.Ed.2d 404 (1987). For example in Medina, defendants allege the district court erred by deciding as a matter of law that its vessel was subject to the jurisdiction of the United States. On appeal, defendants argued that jurisd…