ROSS

v.

UNITED STATES

Citator

Cited By

• Kinder v. United States, 504 U.S. 946 (U.S. 1992)
  …plicates Fifth Amendment protections, but defendant must invoke the privilege and not simply lie in response to questioning regarding related conduct); United States v. Rogers, 899 F. 2d 917, 924 (CA10) (dictum approving Perez-Franco), cert. denied, 498 U. S. 839 (1990). Amendments to this Guideline have not mended the split between the Circuits. Cf. Braxton v. United States, 500 U. S. 344 (1991). In any event, this is not a question of the mere application or simple interpretation of this Guideline, but is…
• United States v. Corbin, 998 F.2d 1377 (7th Cir. 1993)
  …led the courts to construe section 3E1.1 to permit consideration only of the offense of conviction. See Oliveras, 905 F. 2d at 628-32; Perez-Franco, 873 F. 2d at 463-64. See also United States v. Rogers, 921 F. 2d 975, 982 (10th Cir.), cert. denied, 498 U.S. 839, 111 S.Ct. 113, 112 L.Ed.2d 83 (1990); Piper, 918 F. 2d at 840-41. In contrast, the Third Circuit found in Frierson that section 3E1.1 on its face permitted the sentencing judge to consider other, related criminal conduct, 945 F. 2d at 656; neverth…
• Griffin v. Strong, 983 F.2d 1540 (10th Cir. 1993)
  …vilege ... [turns] upon the nature of the statement or admission and the exposure it invites.’ ” United States v. Rogers, 921 F. 2d 975, 979 (10th Cir.) (quoting In re Gault, 387 U.S. 1, 49, 87 S.Ct. 1428, 1455, 18 L.Ed.2d 527 (1967)), cert. denied, 498 U.S. 839, 111 S.Ct. 113, 112 L.Ed.2d 83 (1990); see also Cooper v. Dupnik, 963 F. 2d 1220, 1236-38 (9th Cir.) (statements which could and probably would have been used against accused had he gone to trial in order to hinder any insanity defense were made in…