Federal Defenders Western North Carolina

 

Justicia Omnibus

U.S. v. (Carl) Cooper (panel attorneys)

DEBRIEFING AGREEMENTS
Voice ID as violation of
-U.S. v. Patterson (AJ)

DEFENSES

Official misstatement of law
-U.S. v. Baird (AJ)

DEMONSTRATIONS

Sufficiency of evidence of permit revocation
-U.S. v. Cinca (AB)
Reply Brief & Opinion

DISCOVERY

Failure to disclose statement
-U.S. v. Patterson (AJ)
-U.S. v. Small (LB) Opinion & Reply Brief & Order

DOUBLE JEOPARDY

-U.S. v. Andrews (AJ)
-U.S. v. Arrington (RP)

DRUGS

Cocaine powder/Crack penalties/Constitutionality
-U.S. v. (Kevin) Thomas (AJ)

Constructive Possession/Sufficiency of evidence
-U.S. v. Bennett (EB)
-U.S. v. Dingle (NJ)
Opinion
-U.S. v. Edelin (AJ)
-U.S. v. Gaulteau (MW)
-U.S. v. Lucas (AB)
-U.S. v. Mitchell (EB)
-U.S. v. Smith (EB)

Crack/Hydroxyl radical/Sufficiency of evidence/Vagueness
-U.S. v. Gaulteau (MW)
-U.S. v. Michael (BB & MW)
-U.S. v. St. Fleur (RP)

Crack House Statute/Constitutionality/Sufficiency of evidence
-U.S. v. Lancaster (RT)

Distribution/Sufficiency of evidence
.-U.S v. Scales (GS)

Intent to distribute/Sufficiency of evidence
-U.S. v. Boyd (LB) Opinion
-U.S. v. Glenn (AB) (Reply Brief) & Opinion
-U.S. v. Hilson (AS)
-U.S. v. McCray (panel atty)
-U.S. v. Michael (BB & MW)

Intent to distribute/Within 1000 ft. of school
-U.S. v. Baucum (panel attorney)(constitutionality of § 860(a))
-U.S. v. Campbell (BB)
-U.S. v. Diggs (LW)
-U.S. v. Edelin (AJ)

Lesser included offenses
-U.S. v. Boyd (LB) Opinion
-U.S. v. Dingle (NJ)
Opinion
-U.S. v. Whren (LW) - Affirmed 5/6/97 by Opin.



Manufacture, Attempt to/Sufficiency of evidence
-U.S. v. Raya (MW)

Quanity as element
-U.S. v. Kevin Williams (BD)

Simple possession/LIO
-U.S. v. McKie (AJ)
-U.S. v. Michael (BB & MW)

Type as element

DUE PROCESS

Appearance in prison garb
-U.S. v. Albritton (SS)
-U.S. v. (Jeffrey Williams) (NJ)
Cert Petition

Ex parte submission by prosecution
-In re Sealed Case (PM & BB)

E.

EMBEZZLEMENT

Lack of authorization


ENTRAPMENT

Acceptance of responsibility
-U.S. v. Kirkland (NJ) (1/24/97 opin - affirmed)

Erroneous instructions
-U.S. v. Taylor (AB)

Failure to request instruction
-U.S. v. Trejo (NJ)

Inducement evidence

Inducement instruction
-U.S. v. deMesones (LW)

Predisposition evidence
-U.S. v. deMesones (LW)
-U.S. v. Williams (LW)

Refusal to give instruction
-U.S. v. Merlos (LK)

Refusal to give derivative entrapment instruction
-U.S. v. Taylor (AB)

EVIDENCE

Aliases, use of
-U.S. v. Sobin (AB)

Chain of custody
-U.S. v. Goddard (AB)
-U.S. v. Roberts (SR)
-U.S. v. Stewart (LW) Opinion

Character, exclusion of
-U.S. v. Lucas (AB)

Co-conspirator statements
-U.S. v. Walls (panel attorney)

Credibility of declarant (Rule 806)
-U.S. v. Patterson (AJ)

DEA-7 Form, admissibility of
-U.S. v. Wilson (LK)

Declarations against penal interest
-
U.S. v. (Antonio) Davis (NJ)
-U.S. v. Edelin (AJ)
-U.S. v. Purvis (SR)

Drug expert
-U.S. v. Alexander (RP)
-U.S. v. Bademosi (EN)
-U.S. v. Boyd (LB) Opinion
-U.S. v. Brown (RP)
-U.S. v. Clarke (AJ)
-U.S. v. Dicks (AB)
-U.S. v. Fennell (AJ) Opinion
-U.S. v.
Glenn (AB) (Reply Brief) & Opinion
-U.S. v. Harris (SR)
-U.S. v. Hilson (AS)
-U.S. v. James (PM)
-U.S. v. Lancaster (RT)
-U.S. v. Martin (AB)
-U.S. v. Mitchell (EB)
-U.S. v. Norris (AJ)
-U.S. v. Ratiff (LB)
-U.S. v. Robinson (AB) (
Reply Brief) & Opinion
-U.S. v. Serrano (AB)
-U.S. v. Shaw (AB)
-U.S. v. Simpson (GS)
-U.S. v. Smart (VR)
-U.S. v. Spriggs (AB)
-U.S. v. Turner (LK)
-U.S. v. (Antone) White (NJ) (Opin. 6/27/97 - Affirmed)
-U.S. v. Williams (MW)
-U.S. v. (Andre) Young (LW) 12/4/96 Affirmed unpub. judgment

Exclusion of defendant's state of mind
-U.S. v. Baird (AJ)

Exclusion of defense evidence
-U.S. v. Lampkin (LW)
-U.S. v. Russo (RT)
-U.S. v. Timmons (BD)
-U.S. v. (Jeffrey) Williams  (NJ)
Cert. Petition

Exclusion of linguistics expert
-U.S. v. Campbell (RP) Cert. Petition

Exclusion of third-person culpability
-U.S. v. Cabrerra (LW)
-U.S. v. Washington (RP) (affirmed 3/20/96, unpub. judgment)

Exclusion of sting operations expert
-U.S. v. Taylor (AB)

Expert witness/Bankruptcy law
-U.S. v. Sobin (AB)

Expert witness/Terrorism
-U.S. v. Shirosaki (RT)

Expert/Fact witness
-U.S. v. McAllister (AB)

Failure to strike
-U.S. v. Ruffin (JH)

Guilt by association
-U.S. v. Hammoude (SR)
-U.S. v. Shirosaki (RT)

Hearsay
-U.S. v. Almonte-Nunez (LW)
-U.S. v. Calderon (SS)
-U.S. v. Campbell (RP) Cert. Petition
-U.S. v. Clarke (AJ)
-U.S. v. Clipper (LW) (5/8/98 unpub judgment - affirmed)
-U.S. v. Grant (SR)
-U.S. v. Lampkin (LW)
-U.S. v. Lanham (NJ)
reply brief
-U.S. v. Patterson (AJ)
-U.S. v. Robinson (AB) (
Reply Brief) & Opinion
-U.S. v. (Andre) Young (LW)- 12/4/96 affirmed unpub. judgment

Incarceration of accused
-U.S. v. Jennings (BB)

Lay Opinion
-U.S. v. Mitchell (AB)

Other crimes
-U.S. v. Alford (GP)
-U.S. v. Brown (RP) (appellate brief and pet. for cert.)
-U.S. v. Calderon (SS)
-U.S. v. Campbell (RP) Cert. Petition
-U.S. v. Clarke (AJ)
-U.S. v. Davis (SS) (panel and in banc briefs) (
Reply Brief)
-U.S. v. DeLeon (AB)
-U.S. v. Hamilton (EB) (appellate brief & pet. for cert.)
-U.S. v. Hudson (RP) (unpub. judgment 5/15/98 - affirmed)
-U.S. v. Jones (NJ)
-U.S. v Martin (AB)
-U.S. v. Milo (MW)
-U.S. v. Moy (AB)
-U.S. v. Patterson (AJ)
-U.S. v. Pless (SR) (4/2/96 opin. affirmed)
-U.S. v. Robinson (AB)
Reply Brief & Opinion
-U.S. v. Ruffin (JH)
-U.S. v. Shirosaki (RT)
-U.S. v. Spinner (AJ) Opinion
-U.S. v. Thomas (MW)
-U.S. v. Timbers (PM)
-U.S. v. Turner (RP)

Pager, admissibility of
-U.S. v. Nichols (panel atty)

Police reports
-U.S. v. Warren (AJ)
-U.S. v. Davis (SS) (
Reply Brief)

Prior consistent statements, admissibility of
-U.S. v. Lampkin (LW)

Prior inconsistent statements, admissibility of
-U.S. v. Davis (SS) (
Reply Brief)

Prior investigation
-U.S. v. Stewart (LW) Opinion

Relevance
-U.S. v. Rezaq (RT) 2/6/98 Opin. - affirmed

Simulated Videotape, admissibility of
-U.S. v. Shirosaki (RT)

Tape Recorded
-U.S. v. Walls  (panel attorney)

Threats against witness
-U.S. v. Cabrera-Baez (AB)
-U.S. v. Clarke (AJ)

EX POST FACTO

CCE instruction
-U.S. v. Campbell (RP) Cert Petition

Sentencing guidelines
-U.S. v. Wright (TA)

Special assessment
-U.S. v. Lampkin (LW)
-U.S. v. Maddox (LW) Opinion

F.

FAILURE TO APPEAR

Sufficiency of evidence
-U.S. v. Bademosi(EN)

FALSE STATEMENTS

Jurisdictional element
-U.S. v. Winstead (LW)

Materiality element
-U.S. v. Winstead (LW)

Sufficiency of evidence
-U.S. v. Moreno (MW)

FIREARMS

Armed Career Criminal -- See Sentencing

"Carry" under  § 924(c)
-U.S. v. (William) Green (SR)

Crime of violence under BRA
-U.S. v. Floyd (BB)
-U.S. v. Singleton (BB)

Crime of violence under § 924(c)
-U.S. v. Cunningham (panel attorneys)

D.C. Immunity Provision
-U.S. v. Campbell (AB)

Enhancement
-U.S. v. Thomas (SS)
-U.S. v. Washington (MW)

Felon in possession
-U.S. v. Bost (AJ)
-U.S. v. Gatling (RP)
-U.S. v. Moreno (NJ)
-U.S. v. Myles (SR) Opin. 9/27/96 - Affirmed

Multiple convictions - § 924(c)
-U.S. v. Anderson (AJ/NJ)
-U.S. v. Taylor (AB)

Obliterated serial number
-U.S. v. Fennell (AJ) Opinion
-U.S. v. Johnson (RP)
-U.S. v. Moreno (NJ)

Operability
-U.S. v. Bowlding (LB)

Pinkerton liability - § 924(c)
-U.S. v. Taylor (AB)

Receipt while under felony indictment
-U.S. v. Fennell (AJ) Opinion

Sufficiency of evidence
-U.S. v. Bailey/U.S. v. Robinson (jt. brief for rehr'g en banc)
-U.S. v. Fennell (AJ) Opinion
-U.S. v. Lazenby (SR/MW)
-U.S. v. Nichols (panel atty)
-U.S. v. Otsuki (MW)
-
U.S. v. Reed (LK) (appellate brief, pet. for rehr'g, cert. pet.)
-U.S. v. Sparks (NJ)
-U.S. v. Spinner (AJ) Opinion
-U.S. v. Taylor (AB)
-U.S. v. Thomas ( MW)
-U.S. v. Warren (AJ)

Brief Bank - Appeals D-F

Disclaimer: The below materials were collected in order to aid you in creating and writing motions. Be advised that many of the motions were computer-scanned and, therefore, may have errors in formatting and text. These errors did not appear in the original documents and should in no way reflect upon the contributors. Also, this collection contains motions from a variety of jurisdictions; hence, many documents may contain case law not applicable to your circuit. Furthermore, each document may not meet the requirements of the local rules in your district. Finally, we do not guarantee the research, legal authority, or quotes included in this collection of motions. Please be sure to check each cite and quote for accuracy, as well as, to Shepardize all authorities.