MARIN

v.

UNITED STATES

Citator

Cited By

• United States v. Davila, 964 F.2d 778 (8th Cir. 1992)
  …stablished prejudice. See United States v. Neumann, 887 F. 2d 880, 886 (8th Cir. 1989) (holding that reversible error premised on prosecutorial misconduct exists only when prosecutor’s remarks are improper and defendant is prejudiced), cert. denied, 495 U.S. 949, 110 S.Ct. 2210, 109 L.Ed.2d 536 (1990). Fifth, Davila argues that the trial court erred in allowing a witness to identify Davila in court following an impermissibly suggestive single-photo identification. Even assuming that the witness was shown a…
• Taberer v. Armstrong World Indus., Inc., 954 F.2d 888 (3d Cir. 1992)
  …rchie v. Christian, 808 F. 2d 1132 (5th Cir.1987) (en banc). . Our strict construction of the Act’s consent requirement is not inconsistent with our opinion in Government of the Virgin Islands v. Williams, 892 F. 2d 305 (3d Cir.1989), cert. denied, 495 U.S. 949, 110 S.Ct. 2211, 109 L.Ed.2d 537 (1990). In that case, our task was to determine whether the “additional duties" clause of the Act authorizes a magistrate judge to preside at jury selection in a felony trial when the defendant does not object. Unlik…
• United States v. Loftus, 992 F.2d 793 (8th Cir. 1993)
  …to the original answer. Loftus did not object to the corrected answer. Because Loftus did not object to the corrected answer at trial, we review under a plain error standard. United States v. Neumann, 887 F. 2d 880, 882 (8th Cir.1989), cert. denied, 495 U.S. 949, 110 S.Ct. 2210, 109 L.Ed.2d 536 (1990). We will find plain error only when a miscarriage of justice would result. Id. Loftus asserts the jury should have been instructed that the government must prove that Loftus was predisposed to commit the crim…