FULTON

v.

UTAH

Citator

Cited By (14 total)

• United States v. Mieres-Borges, 919 F.2d 652 (11th Cir. 1990)
  …g., United States v. Bergouignan, 764 F. 2d 1503, 1509 (11th Cir.1985) (where, in addition to the defendant’s presence next to a vessel containing marijuana, evidence showed that traces of marijuana residue were found on his clothing), cert. denied, 484 U.S. 1044, 108 S.Ct. 778, 98 L.Ed.2d 864 (1988). The proximity of the Wilfred to the bales of cocaine stacked on the high water mark of Cay Sal Island, therefore, is insufficient as a matter of law to allow a finding of guilt beyond a reasonable doubt.17 [*…
• United States v. Fredric W. Tokars, 95 F.3d 1520 (11th Cir. 1996)
  …s v. Williams, 523 F. 2d 1203, 1208 (5th Cir.1975). A denial of a motion for a continuance is reviewed for an abuse of discretion and specific, substantial prejudice. United States v. Bergouignan, 764 F. 2d 1503, 1508 (11th Cir.1985), cert. denied, 484 U.S. 1044, 108 S.Ct. 778, 98 L.Ed.2d 864 (1988). Denial of a severance motion is reviewed for abuse of discretion. United States v. Harper, 680 F. 2d 731, 733 (11th Cir.), cert. denied, 459 U.S. 916, 103 S.Ct. 229, 74 L.Ed.2d 182 (1982). Whether the trial…
• United States v. Remillong, 55 F.3d 572 (11th Cir. 1995)
  …perly denied_ Given the paucity of the record before us, we have no alternative but to remand to the district court for a determination of the number of excludable days, if any, between the arrest and the dismissal of the complaint.”), cert. denied, 484 U.S. 1044, 108 S.Ct. 778, 98 L.Ed.2d 864 (1988). We have gently chided Judge Sharp for his failure to provide reasoning for dismissing a claim “ “without prejudice and without leave to amend’ ” by stating that, “[wjhile the failure of a lower court to give…