VAN LEEUWEN ET VIR
v.
MCCORKINDALE ET AL.

U.S. | 1989-04-17
No. 88-6418
490 U.S. 1023 Supreme Court of the United States (1989) Positive Treatment
Cited by 5 cases

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  • United States v. Miles Davis Saunders, 973 F.2d 1354 (7th Cir. 1992)
    …with if the cocaine was for personal consumption. Further, the purity of the cocaine, along with its uncut value ($23,000), also supports an inference of intent to distribute. United States v. Calvo, 865 F. 2d 823, 827 (7th Cir.1988), cert. denied, 490 U.S. 1023, 109 S.Ct. 1750, 104 L.Ed.2d 187 (1989). Finally, James delivered the drugs from Chicago to Wisconsin without any payments changing hands. As law enforcement agents testified, this manner of “fronting” cocaine on credit is a common practice in drug…
  • United States v. Henry, 933 F.2d 553 (7th Cir. 1991)
    …the statute ups the penalty ante only after the defendant has been convicted of the substantive offense. See United States v. Dickerson, 857 F. 2d 414, 417 (7th Cir.1988) (the language prescribes a specific punishment for recidivists), cert. denied, 490 U.S. 1023, 109 S.Ct. 1753, 104 L.Ed.2d 189 (1989). The three additional robbery or burglary convictions are not elements of a distinct section 1202(a)(1) offense that must be proven to a jury. Instead, they are taken into account by the court only for purpo…
  • United States v. Cherry, 938 F.2d 748 (7th Cir. 1991)
    …strict court only "if we find reversal necessary to avoid a miscarriage of justice.” Id. . See also, e.g., United States v. Davenport, 929 F. 2d 1169, 1173 (7th Cir.1991); United States v. Gardner, 860 F. 2d 1391, 1394 (7th Cir.1988), cert. denied, 490 U.S. 1023, 109 S.Ct. 1751, 104 L.Ed.2d 187 (1989); United States v. Rodgers, 755 F. 2d 533, 544 (7th Cir.), cert. denied, 473 U.S. 907, 105 S.Ct. 3532, 87 L.Ed.2d 656 (1985). But cf. Levas & Levas v. Village of Antioch, 684 F. 2d 446, 453 (7th Cir.1982) (sugg…

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