CEGELKA

v.

UNITED STATES

Citator

Cited By (22 total)

• Milner v. Dep't of the Navy, 562 U.S. 562 (U.S. 2011)
  …es Wright, MacKinnon, Robb, Wald, Mikva, and then-judge Ginsburg, with Judge Tamm concurring in the result and Judge Wilkey dissenting); Massey v. FBI, 3 F. 3d 620, [*586] 622 (CA2 1993); Kaganove v. EPA, 856 F. 2d 884, 889 (CA7 1988), cert. denied, 488 U. S. 1011 (1989); Dirksen v. Department of Health and Human Servs., 803 F. 2d 1456, 1458 (CA9 1986). Three Circuits adopted a different approach in the 1970’s before Crooker was decided, see ante, at 567, n. 2, but I read subsequent decisions in two of thos…
• United States v. Carter, 953 F.2d 1449 (5th Cir. 1992)
  …quoting United States v. Franklin, 586 F. 2d 560, 569 (5th Cir.1978), cert. denied sub nom. Bonamo v. United States, 440 U.S. 972, 99 S.Ct. 1536, 59 L.Ed.2d 789 (1979)); accord United States v. Morales, 854 F. 2d 61, 63 (5th Cir.1988), cert. denied, 488 U.S. 1011, 109 S.Ct. 798, 102 L.Ed.2d 789 (1989). Comment 1 was couched in the arresting officer’s narrative of the events surrounding arrest. Although it was prompted, if not specifically elicited, by a question from the prosecutor,5 the prosecutor did not…
• United States v. Yerks, 918 F.2d 1371 (8th Cir. 1990)
  …not be overturned unless it is clear that the evidence had no bearing upon any sof the issues involved.’ ” Id. (quoting United States v. O’Connell, 841 F. 2d 1408, 1422 (8th Cir.), cert. denied, 487 U.S. 1210, 108 S.Ct. 2857, 101 L.Ed.2d 893 (1988), 488 U.S. 1011, 109 S.Ct. 799, 102 L.Ed.2d 790 (1989)). In light of these principles, we cannot say that the district court erred in admitting the evidence of prior crack cocaine distribution by Yerks. This evidence was certainly relevant to establishing that Yer…