GASSETT

v.

SCULLY, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY

Citator

Cited By

• United States v. Quesada-Bonilla, 952 F.2d 597 (1st Cir. 1991)
  …eciding how to respond to a violation of the Rule. See United States v. Devin, 918 F. 2d 280, 289 (1st Cir.1990); United States v. Ingraldi, 793 F. 2d 408, 411 (1st Cir.1986); United States v. Pace, 833 F. 2d 1307, 1314 (9th Cir.1987), cert. denied, 486 U.S. 1011, 108 S.Ct. 1742, 100 L.Ed.2d 205 (1990). In this case, Quesada knew about the existence of the witness from the very beginning of the case. Moreover, a brief continuance would apparently have cured any harm caused by the relatively short delay, yet…
• United States v. Nolasco, 926 F.2d 869 (9th Cir. 1991)
  …of discretion standard. United States v. Witt, 648 F. 2d 608, 611 (9th Cir.1981); see also United States v. Pace, 833 F. 2d 1307, 1314 (9th Cir.1987) (discretion in formulating jury instructions generally lies with the district court), cert. denied, 486 U.S. 1011, 108 S.Ct. 1742, 100 L.Ed.2d 205 (1988). To determine whether the judge has abused his discretion, we generally consider whether jury instructions, “considered as a whole ... are misleading or inadequate.” United States v. Spillone, 879 F. 2d 514,…
• United States v. Pedroni, 958 F.2d 262 (9th Cir. 1992)
  …t was [*268] guilty of the lesser-included offense but not of the greater. United States v. Schmuck, 489 U.S. 705, 716 n. 8, 109 S.Ct. 1443, 1450 n. 8, 103 L.Ed.2d 734 (1988); United States v. Pace, 833 F. 2d 1307, 1314 (9th Cir.1987), cert. denied, 486 U.S. 1011, 108 S.Ct. 1742, 100 L.Ed.2d 205 (1988). The second prong of this test requires the defendant to show that the evidence would permit a jury rationally to find him guilty of the lesser offense and to acquit him of the greater. United States v. Keeble…