PADILLA

v.

UNITED STATES

Citator

Cited By

• United States v. Easter, 981 F.2d 1549 (10th Cir. 1992)
  …w trial under [*1553] Fed.R.Crim.P. 83 alleging that he was deprived of a fair and impartial jury. The district court denied both motions. We review for an abuse of discretion. United States v. Ware, 897 F. 2d 1538, 1542 (10th Cir.), cert. denied, 496 U.S. 930 110 S.Ct. 2629, 110 L.Ed.2d 649 (1990); A. We first address Defendant’s claim that the district court erred in denying his motion for an evidentiary hearing based on the allegation of juror bias. When confronted with a claim of juror bias, the tri…
• United States v. Underwood, 982 F.2d 426 (10th Cir. 1992)
  …ett and its progeny are pre-guidelines cases which we have held are “inapposite to post-guideline cases.” United States v. McCann, 940 F. 2d 1352, 1358 (10th Cir.1991) (citing United States v. Ware, 897 F. 2d 1538, 1542-43 (10th Cir.), cert. denied, 496 U.S. 930, 110 S.Ct. 2629, 110 L.Ed.2d 649 (1990)). See also United States v. Morehead, 959 F. 2d 1489, 1510-11 (10th Cir.1992). The sentencing guidelines clearly provide that all relevant conduct should be taken into account at sentencing, U.S.S.G. § 1B1…
• The People OF the Territory OF Guam v. Borja, 983 F.2d 914 (9th Cir. 1992)
  …was not dispositive in Yang II in that it was not tantamount to an objection to the nonstatutory instruction, it was a factor in the court’s futility analysis. We are cognizant that Guam v. Ibanez, 880 F. 2d 108, 111-12 (9th Cir.1989), cert. denied, 496 U.S. 930, 110 S.Ct. 2631, 110 L.Ed.2d 651 (1990), read Yang II as not attaching much significance to the defendant’s request for the statutory instruction. We do not construe this observation, however, as eliminating the request for a statutory instruction f…