MOORE

v.

VIRGINIA

Citator

Cited By

• United States v. Rice, 43 F.3d 601 (11th Cir. 1995)
  …, supports the conclusion that Congress intended the three predicate offenses to be distinct in time.”), cert. denied, - U.S. -, 112 S.Ct. 596, 116 L.Ed.2d 619 (1991); United States v. Schoolcraft, 879 F. 2d 64 (3rd Cir.) (per curiam), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989) (declining to follow Balascsak and holding that each separate criminal episode may count as a conviction under § 924(e)(1) without the need for intervening convictions). . The Fourth Circuit was the first circu…
• United States v. Paramo, 998 F.2d 1212 (3d Cir. 1993)
  …priate, See United States v. Brown, 991 F. 2d 1162, 1166-67 (3d Cir.1993). IV. On remand, Paramo will have the burden of proving his claim of prosecutorial vindictiveness. United States v. Schoolcraft, 879 F. 2d 64, 68 (3d Cir.1989), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989). In general, there are two ways in which a defendant can prove a claim of vindictiveness. First, a defendant may use evidence of a prosecutor’s, retaliatory motive to prove actual vindictiveness. See Goodwin, 4…
• United States v. Brady, 988 F.2d 664 (6th Cir. 1993)
  …in which the offenses and their ensuing convictions occurred, could serve as predicates for the purposes of § 1202(a). The matter was resolved by the Third Circuit in United States v. Schoolcraft, 879 F. 2d 64 (3d Cir.) (per curiam), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989), decided only two months after Ba-lascsak. In Schoolcraft, a three-judge panel acknowledged the even split between the judges in Balascsak and, siding with the dissent, held that the statute was not ambiguous,…