GAYLE

v.

UNITED STATES; AND HESTER V. UNITED STATES

Citator

Cited By

• United States v. Fern, 155 F.3d 1318 (11th Cir. 1998)
  …ency of the Indictment “A criminal conviction will not be upheld if the indictment upon which it is based does not set forth the essential elements of the offense.” United States v. Gayle, 967 F. 2d 488, 485 (11th Cir.1992) (en banc), cert. denied, 507 U.S. 967, 118 S.Ct. 1402, 122 L.Ed.2d775 (1993). This rule serves two functions. First, it puts the defendant on notice of “the nature and cause of the accusation as required by the Sixth Amendment of the Constitution. Second, it fulfills the Fifth Amendm…
• United States v. Dabbs, 134 F.3d 1071 (11th Cir. 1998)
  …an indictment when it finds probable cause to support all the necessary elements of the crime.” United States v. Fern, 117 F. 3d 1298, 1305 (11th Cir.1997) (quoting United States v. Gayle, 967 F. 2d 483, 485 (11th Cir.1992) (en banc), cert. denied, 507 U.S. 967, 113 S.Ct. 1402, 122 L.Ed.2d 775 (1993)). Moorehead and William Dabbs appear to concede the notice requirement but challenge whether the indictment fulfilled the second function in arguing that “[t]he indictment cannot be construed reasonably to c…
• United States v. Kummer, 89 F.3d 1536 (11th Cir. 1996)
  …ides "Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States ... and acts as such, or in such pretended character demands or obtains any money" contains two distinct of fenses), cert. denied, 507 U.S. 967, 113 S.Ct. 1402, 122 L.Ed.2d 775 (1993). But the case law we have found from other circuits suggests that § 1954 contains only one offense. See, e.g., United States v. Rosenthal, 9 F. 3d 1016, 1017, 1020, 1024 (2d Cir.1993) (defendant was charged…