KENDRICK

v.

UNITED STATES

Citator

Cited By

• United States v. Lesester D. McDOUGHERTY, 920 F.2d 569 (9th Cir. 1990)
  …encing to the range prescribed by the statute under which the defendant was convicted. Brewer, 841 F. 2d 667, the other case upon which McDougherty relies, was reversed on rehearing. United States v. Brewer, 853 F. 2d 1319 (6th Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 375, 102 L.Ed.2d 364, 489 U.S. 1021, 109 S.Ct. 1142, 103 L.Ed.2d 202 (1988). The Sixth Circuit now agrees, along with most other circuits that have considered the question, that the Armed Career Criminal Act, which increased Brewer’s pris…
• United States v. Mitcheal Edmonson, 962 F.2d 1535 (10th Cir. 1992)
  …“should consider factors such as the likelihood that the trial could soon proceed with the Defendant present, the difficulty of rescheduling and the burden on the Government, United States v. Rogers, 853 F. 2d 249, 252 (4th Cir.1988), cert. denied, 488 U.S. 946, 109 S.Ct. 375, 102 L.Ed.2d 364 (1988), ... Generally, the balance will favor proceeding without the defendant only in multidefendant trials.” Wright, 932 F. 2d at 879. The trial court in this case fully considered the above-cited factors and state…
• United States v. Camacho, 955 F.2d 950 (4th Cir. 1992)
  …mmenced.” Fed.R.Crim.P. 43(b).2 According to this court, a defendant’s “voluntary absence without compelling justification ... constitutes a waiver of the right to be present.” United States v. Rogers, 853 F. 2d 249, 251-52 (4th Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 375, 102 L.Ed.2d 364 (1988) (citing United States v. Peterson, 524 F. 2d 167, 184-85 (4th Cir.1975), cert. denied, 424 U.S. 925, 96 S.Ct. 1136, 47 L.Ed.2d 334 (1976)). We review a decision of the district court to proceed with a trial wh…