MCAFEE

v.

FIFTH CIRCUIT JUDGES ET AL.

Citator

Cited By (12 total)

• Topalian v. Ehrman, 954 F.2d 1125 (5th Cir. 1992)
  …ivolous appeal is one “that relies on legal points that are not arguable on the merits.” Lyons v. Sheetz, 834 F. 2d 493, 496 (5th Cir.1987) (citation omitted); see also McAfee v. Fifth Circuit Judges, 884 F. 2d 221, 223 (5th Cir.1989), cert. denied, 493 U.S. 1083, 110 S.Ct. 1141, 107 L.Ed.2d 1046 (1990). We find that, although plaintiffs have not met the evidentiary burden required to survive defendants’ motions for summary judgment, we cannot summarily dismiss the issues they have brought before us as “friv…
• United States v. Bailin, 977 F.2d 270 (7th Cir. 1992)
  …eral estoppel” prevented government from proving issues necessarily decided in defendant’s favor in first trial);9 Gentile, 816 F. 2d at 1162; Kimberlin, 805 F. 2d at 231-32; United States v. Frazier, 880 F. 2d 878, 883 (6th Cir.1989), cert. denied, 493 U.S. 1083, 110 S.Ct. 1142, 107 L.Ed.2d 1046 (1990); Green v. United States, 426 F. 2d 661 (D.C.Cir.1970) (per curiam); Cosgrove v. United States, 224 F. 2d 146 (9th Cir.1954). The government argues that these cases have been implicitly overruled by recent Su…
• United States v. Hernandez, 952 F.2d 1110 (9th Cir. 1991)
  …y, (2) one or more overt acts to implement the agreement, and (3) the requisite intent to commit the substantive crime’ ” of tape and label counterfeiting. United States v. Marsh, 894 F. 2d 1035, 1039 (9th Cir.1989) (citation omitted), cert. denied, 493 U.S. 1083, 110 S.Ct. 1143, 107 L.Ed.2d 1048 (1990). “ ‘Once the existence of a conspiracy is shown, evidence establishing beyond a reasonable doubt a knowing connection of the defendant with the conspiracy, even though the connection is slight, is sufficient…