Cases
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20 opinions for “J.K.A. v. UNITED STATES OF AMERICA”
GREGORY, Circuit Judge, dissenting: I. Pursuant to the common-law revenue rule, I find that the activities at issue in this case are not cognizable under the federal wire-fraud statute, 18 U.S.C. § 1343. Accordingly, I respectfully dissent. II. A. The majority claims to rely on the Restatement’s formulation of the revenue rule, which
United States v. Antroyne J. Barnette, A/K/A Blackpublic domain
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ and Judge KING joined. MICHAEL, Circuit Judge. Antroyne J. Barnette appeals his sentence for drug and firearms offenses. Barnette contends that the district court impermissibly reduced the degree of its downward departure under § 5K1.1 of the U.S. Sentencing Guidelines (U
305 F.3d 291 UNITED STATES of America, Plaintiff-Appellee,v.David B. PASQUANTINO, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.Carl J. Pasquantino, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.Arthur Hilts, a/k/a Butch, Defendant-Appellant. No. 01-4463. No. 01-4464. No. 01-4465.
Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge WILLIAM W. WILKINS and Judge WILKINSON joined. OPINION DIANA GRIBBON MOTZ, Circuit Judge: James Wilbur Scruggs entered into a plea agreement providing that he would *5
OPINION REGARDING MOTION TO INTERVENE ROSEMARY M. COLLYER, United States District Judge Alleging misconduct in home mortgage practices, the United States and numerous *117 State attorneys general sued major mortgagees including Citigroup, Ine.; Citibank, N.A.; and CitiMortgage,
State of Texas v. United States of Americapublic domain
MEMORANDUM OPINION ROSEMARY M. COLLYER, United States District Judge This motion for appellate attorney’s fees comes at the end of long and complex litigation under the Voting Rights Act. As Texas appealed the decision of a three-judge court in the United States District Court for the District of Columbia that
90 F.3d 861 UNITED STATES of America, Plaintiff-Appellee,v.Richard TIPTON, a/k/a Whittey, Defendant-Appellant (Two Cases).UNITED STATES of America, Plaintiff-Appellee,v.Cory JOHNSON, a/k/a "O", a/k/a "CO", Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.James H. ROANE, Jr., a/k/a J.R., Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellant,v.Richard TIPTON, a/k/a Whittey; Co
61 F.3d 1100 42 Fed. R. Evid. Serv. 1284 UNITED STATES of America, Plaintiff-Appellee,v.Anthony J. CAPERS, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Lisa A. JACKSON, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Darrol J. HARRISON, a/k/a Big D, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Gregory OVERTON, Defe
State of Texas v. United States of Americapublic domain
OPINION ROSEMARY M. COLLYER, United States District Judge This matter presents a case study in how not to respond to a motion for attorney fees and costs. At issue is whether defendant-intervenors, who prevailed in Voting Rights Act litigation before a three judge panel, may recoup attorney fees and costs even though the Supreme Court vacated that opinion in l
United States v. Douglas J. Dodson, Jr., A/K/A Beckypublic domain
Vacated and remanded by published opinion. Judge DIANE GRIBBON *270 MOTZ wrote the opinion, in which Senior Judge STAPLETON and Judge BROADWATER joined. OPINION DIANA GRIBBON MOTZ, Circuit Judge. The district court dismissed Douglas J. Dodson, Jr.’s ini
OPINION COWEN, Circuit Judge. John Cioffi Mussare, and a co-defendant, William R. Bruce, III, were charged in an indictment with various drug and extortion crimes. They were convicted of one count of conspiring to distribute marijuana, as well as two counts of using extortionate means to collect an extension of credit in violation of 18 U.S.C. § 894. Mus
United States v. Adam Jaderany, A/K/A Ahmad Jaderanipoor, A/K/A A.J. Jaderany, A/K/A Ahmad Jaderanypublic domain
RIPPLE, Circuit Judge. Adam Jaderany, a used car salesperson in Fort Wayne, Indiana, was indicted for his participation in a scheme to defraud used car buyers. The scheme involved purchasing used cars at auction, rolling back their odometers, altering their titles, and then reselling them. At trial, the Government provided testimony that Mr. Jaderany was involved personally in
EDMONDSON, Circuit Judge: Defendant appeals the district court’s upward departure from the sentence prescribed by the Sentencing Guidelines and prohibition on defendant’s ownership or unguided use of any personal computer during defendant’s period of supervised release. For the reasons that follow, we AFFIRM. Background
State of Texas v. United States of Americapublic domain
MEMORANDUM OPINION GRIFFITH, Circuit Judge: Table of Contents I. Background.............................................................138 II. Principles of Section 5 Analysis...........................................139 A.Retrogression.......................................................139 1. Texas’s Burden of Proof.......
United States v. Miguel Dimarzo, A/K/A Michael Dimarzo, United States of America v. Mario J. Alzate-Yepezpublic domain
CYR, Circuit Judge. Appellants' Mario Alzate-Yepez (“Mario” or “Alzate”) and Miguel DiMarzo were jointly tried and convicted of possessing cocaine, with intent to distribute, see -21 U.S.C. § 841(a)(1) (1994), and conspiracy, see id. § 846. Appellants assign error by the district court in allowing certain trial testimony and denying their
United States v. Anthony J. Gantt, A/K/A Fatspublic domain
Opinion for the Court filed by Chief Judge EDWARDS. EDWARDS, Chief Judge: In February 1997, a jury convicted Anthony J. Gantt (“appellant” or “defendant”) of two criminal counts related to the possession and distribution of cocaine. Gantt’s representation prior to and during trial was marked by confusion. In the weeks leading up to the trial, he grew dis
United States v. Sammie J. Simpson, A.K.A. "Westside," Levence Simpson, and Jerry E. McGinnis A.K.A. "Doc,"public domain
FLAUM, Chief Judge. The defendants appeal their convictions and sentences for having conspired to distribute heroin and crack cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). We affirm. I. Background We provide only a brief description of the facts here; where additional facts are relevant to specific arguments, we mention
Valeo North America, Inc. v. United Statespublic domain
OPINION AND ORDER Kelly, Judge: This matter is before the court on Plaintiffs’ application for a temporary restraining order (“TRO”). Mot. [TRO] and Mem. Supp. PL’s Mot, App. [TRO], Nov. 6, 2017, EOF No. 6 (“PI. TRO”). Plaintiffs Valeo North America, Inc., Mahle Behr Dayton, L.L.C., Mahle Behr Charl
181 F.3d 1205 (11th Cir. 1999) UNITED STATES of America, Plaintiff-Appellee,v.J.W. MOORE; James Moore, a.k.a. "Buster"; Francis Williams, Defendants-Appellants.United States of America, Plaintiff-Appellee,v.Arlutha W. Smiley, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.Rosa Mae Smiley Williams, Defendant-Appellant. Nos. 94-7047, 94-7051 and 94-7055.
United States v. Sammy Claude West, A/K/A Ted, United States of America v. Larry J. Wrightpublic domain
OPINION PHILLIPS, Circuit Judge: Larry J. Wright and Sammy Claude West appeal their convictions and sentences following a jury trial on an eight-count indictment charging them with conspiracy and with making false statements to the government in violation of 18 U.S.C.A. §§ 2, 371, and 1001 (1976 & Supp.1993). We affirm. I </