BARNETT

v.

OKLAHOMA

Citator

Cited By

• United States v. King, 990 F.2d 1552 (10th Cir. 1993)
  …ir.1992) (en banc) (agreeing with panel on this point); United States v. Wallace, 889 F. 2d 580, 582 (5th Cir.1989) (officers detained defendant for his own safety after being informed that he possessed gun and had threatened suicide), cert. denied, 497 U.S. 1006, 110 S.Ct. 3243, 111 L.Ed.2d 753 (1990). The fact that the officer may not suspect the individual of criminal activity does not render such a seizure unreasonable per se as Terry only requires “specific and articulable facts which ... reasonably w…
• United States v. Markum Lynn Fitzhugh, 984 F.2d 143 (5th Cir. 1993)
  …e noted that its "in or affecting commerce” language "typically signal[s] a congressional intent to exercise its Commerce Clause power broadly_” See United States v. Wallace, 889 F. 2d 580, 583 (5th Cir.1989) (citation [*146] omitted), cert. denied, 497 U.S. 1006, 110 S.Ct. 3243, 111 L.Ed.2d 753 (1990). . See Crandon v. United States, 494 U.S. 152, 110 S.Ct. 997, 108 L.Ed.2d 132 (1990); Dibidale of Louisiana, Inc. v. American Bank & Trust Co., 916 F. 2d 300 (5th Cir.1990) (in face of ambiguity, court may lo…
• United States v. Abelardo Padilla, 982 F.2d 110 (3d Cir. 1992)
  …variance between the indictment and the proof at trial and when that variance prejudices a substantial right of the defendant, we have held that the conviction must be vacated. United States v. Kelly, 892 F. 2d 255, 258 (3d Cir.1989), cert. denied, 497 U.S. 1006, 110 S.Ct. 3243, 111 L.Ed.2d 754 (1990). Padilla argues that there was a prejudicial variance between the indictment and the government’s evidence; the indictment alleged a single conspiracy among Padilla, his co-defendants and Aguilar, whereas the…