RUAN-ESPARZA

v.

UNITED STATES

Citator

Cited By

• Novaton v. State, 610 So. 2d 726 (Fla. 3d DCA 1992)
  …(11th Cir.1990) (“plea agreement in exchange for which the government dismissed eight counts” waives double jeopardy objection to consecutive sentences for crimes which “arose out the same transaction and constitute a single offense”), cert. denied, 498 U.S. 837, 111 S.Ct. 107, 112 L.Ed.2d 78 (1990); Rodriguez, 441 So. 2d at 1129 (waiver of protection from increase in sentence upheld). In many other contexts as well, this court and others have upheld otherwise arguably defective sentences when they have be…
• State v. James, 710 So. 2d 180 (Fla. 3d DCA 1998)
  …956); Novaton v. State, 610 So. 2d 726 (Fla. 3d DCA 1992), approved, 634 So. 2d 607 (Fla.1994); see also Ricketts v. Adamson, 483 U.S. 1, 107 S.Ct. 2680, 97 L.Ed.2d 1 (1987); [*182] Dermota v. United States, 895 F. 2d 1324 (11th Cir.), cert. denied, 498 U.S. 837, 111 S.Ct. 107, 112 L.Ed.2d 78 (1990).3 We emphasize that our opinion is not an approval of the conduct of the assistant state attorney, Herbert Andrews.4 Indeed, we likely would have approved any reasonable sanction imposed upon Andrews individual…
• United States v. Finch, 998 F.2d 349 (6th Cir. 1993)
  …rms of whether the affidavit sets out facts and circumstances which indicate “a fair probability that evidence of a crime will be located on the premises of the proposed search.” United States v. Bowling, 900 F. 2d 926, 930 (6th Cir.), cert. denied, 498 U.S. 837, 111 S.Ct. 109, 112 L.Ed.2d 79 (1990), quoting, United States v. Algie, 721 F. 2d 1039, 1041 (6th Cir.1983). In reviewing whether such a probability existed, courts should examine the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 1…