Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

A witness is peculiarly within the government's control if the witness is "only physically available to the government or that because of the witness' relationship with the [government], his... testimony is, in pragmatic terms, only available to the other side."

- in US v. Knox, 1995 and 3 similar citations

—finding no error in trial judge sentencing defendant provisionally pursuant to 18 USC § 4244 (c) rather than in accordance with sentencing guidelines

- in American Journal of Criminal Law and 2 similar citations

The Seventh Circuit's comment in a similar case is equally apt here: "The crime is possessing an unregistered firearm--not `knowingly'possessing an unregistered firearm, or possessing a weapon knowing it to be a firearm, or possessing a firearm knowing it to be unregistered.....[Petitioner's] proposal is not that we interpret a knowledge or intent requirement in § 5861 (d) …

- in Staples v. United States, 1994 and 2 similar citations

The Tenth Circuit has held that a plea may be involuntary if the attorney " `materially misinforms the defendant of the consequences of the plea,'"

- in US v. Rowzer, 1999 and one similar citation

A district court's denial of a motion to withdraw a plea of guilty is reviewed for an abuse of discretion.

- in US v. Burger, 1992 and 2 similar citations

In order for a defendant to establish that his or her attorney's assistance was ineffective, the defendant must show that defense counsel's performance was deficient and that the deficient performance prejudiced the defense.

- in US v. Ruth, 1991

However, the availability of the witness is to be determined based upon the facts and circumstances of that witness's "relationship to the parties, not merely physical presence or accessibility

- in Genie in a Bottle: Using the Missing Witness Instruction and one similar citation

—statutes governing the provision of mental health care to prisoners during their period of sentence and the care of competent persons suffering from mental disease prior to sentencing.

- in Rashomon and the criminal law: Mental disability and the federal sentencing … and 2 similar citations

Moreover, "prosecutors are not usually required to seek out information which is not in their possession."

- in US v. Moore, 1994 and 2 similar citations

The elements may be proved by circumstantial evidence and "[c] ircumstances altogether inconclusive, if separately considered, may, by their number and joint operation... be sufficient to constitute conclusive proof."

- in US v. Broussard, 1996 and one similar citation