LOPEZ QUINTERO

v.

UNITED STATES

Citator

Cited By

• Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 725 So. 2d 1255 (Fla. 4th DCA 1999)
  …ek trial, he was in the best position to evaluate the reasonableness of the County’s fee application and determine the attorneys’ fee award. See Chambless v. Masters, Mates & Pilots Pension Plan, 885 F. 2d 1053, 1057-58 (2d Cir. 1989), cert. denied, 496 U.S. 905, 110 S.Ct. 2587, 110 L.Ed.2d 268 (1990). Thus, the trial court did not abuse its discretion because there is competent, substantial evidence in the record supporting its determination of the number of hours expended on the litigation of the County’…
• United States v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992)
  …hat when time is not a material element of the offense, as is the case here, the court may constructively amend the indictment without running afoul of the Fifth Amendment.” United States v. Laykin, 886 F. 2d 1534, 1544 (9th Cir.1989), cert. denied, 496 U.S. 905, 110 S.Ct. 2586, 110 L.Ed.2d 267 (1990). By Harrison-Philpot’s own testimony, she was a member of the conspiracy on a date reasonably near the indictment date. Having demonstrated no prejudice, Harrison-Philpot has failed to show plain error. B. Fai…
• Huntington Branch v. Town OF Huntington, 961 F.2d 1048 (2d Cir. 1992)
  …Jenkins, 491 U.S. 274, 282-84, 109 S.Ct. 2463, 2468-69, 105 L.Ed.2d 229 (1989). This does not mean, however, that district courts must do so. See Chambless v. Masters, Mates & Pilots Pension Plan, 885 F. 2d 1053, 1060 (2d Cir.1989), cert. denied, 496 U.S. 905, 110 S.Ct. 2587, 110 L.Ed.2d 268 (1990). It would be unfair, for example, to use current rates where the services at issue were performed in protracted litigation and current inflated rates did not reflect with some degree of accuracy the loss att…