SHELTON

v.

MCCARTHY ET AL.

Citator

Cited By (25 total)

• McKAY v. Great Am. Ins. Co., 876 So. 2d 666 (Fla. 4th DCA 2004)
  …ir.1989) (concluding that state agreement for immunity could not bind the federal government, and thus curtail federal prosecutorial discretion, where no agreement was reached with federal prosecutors or regarding federal prosecution), cert. denied, 493 U.S. 861, 110 S.Ct. 175, 107 L.Ed.2d 131 (1989). If a federal prosecution were to arise, federal prosecutors may or may not need to afford use and derivative use immunity. See Murphy v. Waterfront Comm’n, 378 U.S. 52, 84 S.Ct. 1594, 12 L.Ed.2d 678 (1964); U…
• United States v. Pompey, 17 F.3d 351 (11th Cir. 1994)
  …ituted obstruction); United States v. Baker, 907 F. 2d 53, 55 (8th Cir.1990) (attempt to destroy cocaine upon the entry of state authorities into home constituted obstruction); United States v. Roberson, 872 F. 2d 597, 609-10 (5th Cir.) cert. denied 493 U.S. 861, 110 S.Ct. 175, 107 L.Ed.2d 131 (1989) (defendant’s acts during state investigation supported obstruction of justice finding). As stated in the Lato decision, it is not likely that in the absence of the guidelines, a sentencing judge would fail to…
• United States v. Streit, 962 F.2d 894 (9th Cir. 1992)
  …to a new offense level when the highest criminal history category proves inadequate would skew the balancing of factors which the Commission created in the Sentencing Table.” United States v. Roberson, 872 F. 2d 597, 607-08 (5th Cir.), cert. denied, 493 U.S. 861, 110 S.Ct. 175, 107 L.Ed.2d 131 (1989); see also United States v. Molina, 952 F. 2d 514, 521-22 n. 8 (D.C.Cir.1992); United States v. Thornton, 922 F. 2d 1490, 1494 (10th Cir.1991); United States v. Russell, 905 F. 2d 1450, 1456 (10th Cir.), cert. d…