MONTEAGUDO

v.

UNITED STATES

Citator

Cited By

• United States v. Greenwood, 974 F.2d 1449 (5th Cir. 1992)
  …rules on pending motion for reconsideration simply held in abeyance until district rules on motion); United States v. Varah, 952 F. 2d 1181, 1183 (10th Cir.1991) (same); United States v. Cortes, 895 F. 2d 1245, 1247 (9th Cir.) (same), cert. denied, 495 U.S. 939, 110 S.Ct. 2191, 109 L.Ed.2d 519 (1990). Unlike the Seventh and Third Circuits, we do not agree that in a criminal case a notice of appeal forever self-destructs if a motion for reconsideration is subsequently filed. A new notice of appeal need not…
• United States v. Smith, 962 F.2d 923 (9th Cir. 1992)
  …66, 4595. We note that the Seventh Circuit has upheld the imposition of cumulative punishments for conspiracy to possess a controlled substance and a related firearm offense. United States v. Powell, 894 F. 2d 895, 899-900 (7th Cir.), cert. denied, 495 U.S. 939, 110 S.Ct. 2189, 109 L.Ed.2d 517 (1990). Because a single statutory provision, section 846 of Title 21, criminalizes both conspiracy and attempt, it is singularly unlikely that Congress intended to authorize cumulative punishment in the case of one…
• United States v. Vilchez, 967 F.2d 1351 (9th Cir. 1992)
  …ppeal was effective, even though it was filed before the district court ruled on its motion for reconsideration. Compare Fed.R.App.P. 4(a)(4) with Fed.R.App.P. 4(b). See also United States v. Cortes, 895 F. 2d 1245, 1246-47 (9th Cir.), cert. denied, 495 U.S. 939, 110 S.Ct. 2191, 109 L.Ed.2d 519 (1990); cf. United States v. Davis, 960 F. 2d 820, 824 (9th Cir.1992). The government did not need to file a new notice of appeal after the motion for reconsideration was denied. Cortes, 895 F. 2d at 1246-47.…