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Article • August 1, 1995
U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins) by Case affirmed an obstruction of justice enhancement based on testimony of witness who received benefits from the Government for her testimony and who admitted she had been a drug user.
Article • July 1, 1995
U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that the district court did not clearly err in disbelieving defendant's testimony and crediting affidavits of cooperating witnesses for sentencing purposes. This is one of those cases that shows the …
Article • January 1, 1994
U.S. v. Boyd, No. 95-1050 (7th Cir.) (55 F.3d 239) (May 10, 1995) (Judge Richard A. Posner) by In this case the Seventh Circuit specifically disavowed the existence of a claim of outrageous government conduct in violation of the Due Process Clause based on the Government's use of a contingent …
Article • January 1, 1994
U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott) by This is an important case dealing with the problems of paid-informant testimony.
Article • January 1, 1994
U.S. v. Jannotti, No. 81-1020 (3rd Cir.) (673 F.2d 578) (February 11, 1982) (Judge Dolores K. Sloviter) by "The religious and political refugees who came to this land at the turn of the century had much to fear from the old country's secret police, but one of the greatest abhorrences …
Article • January 1, 1994
U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by Here the 7th Circuit held that a heightened standard of scrutiny is required when dealing with evidence provided by persons who serve in a dual capacity such as a drug addict and …
Article • January 1, 1994
U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott) by This is an important case dealing with the problems of paid-informant testimony, where the court warned that informants who are granted immunity are "by definition . . . cut from untrustworthy cloth …
Article • January 1, 1994
U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (800 F.2d 452) (August 5, 1986) (Judge Irving Loeb Goldberg) by The decision is particularly noted for Judge Goldberg's strong concluding statement in the decision, where he wrote: "One of the basics of our jurisprudence is the search for truth, and by this …
Article • January 1, 1994
U.S. v. Solorio, No. 93-50507 (9th Cir.) (37 F.3d 954) (September 20, 1994) (Judge Dorothy Wright Nelson) by This decision, which was subsequently withdrawn without explanation, is noted for its unusually harsh words about the perverse incentives that arise from paying informants for their testimony. "This type of arrangement creates …
Article • January 1, 1994
U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (826 F.2d 310) (August 21, 1987) (Judge W. Eugene Davis) by
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