§Why CasetextPricing

USA v. Carpenter

MOTION for Acquittal Post-Verdict as to Daniel E. Carpenter.

22 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,669 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  2. Arthur Andersen v. U. S

    544 U.S. 696 (2005)   Cited 311 times   9 Legal Analyses
    Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."

  3. U.S. v. Autuori

    212 F.3d 105 (2d Cir. 2000)   Cited 530 times
    Holding that a jury verdict must be upheld if a rational trier of fact "could have found the essential elements of the crime beyond a reasonable doubt"

  4. U.S. v. D'Amato

    39 F.3d 1249 (2d Cir. 1994)   Cited 179 times   2 Legal Analyses
    Holding that a jury verdict may be based on circumstantial evidence

  5. U.S. v. Milstein

    401 F.3d 53 (2d Cir. 2005)   Cited 109 times   2 Legal Analyses
    Finding constructive amendment, vacating conviction, and remanding for new trial

  6. U.S. v. Leichtnam

    948 F.2d 370 (7th Cir. 1991)   Cited 155 times   1 Legal Analyses
    Holding that where the government “does not argue in its brief, and did not contend at oral argument” that the defendant waived certain issues “by not objecting to them at trial” then the government “waived waiver as a defense”

  7. U.S. v. Flores-Rivera

    56 F.3d 319 (1st Cir. 1995)   Cited 137 times
    Finding no prosecutorial misconduct where, in considering allegedly false testimony before a grand jury, there was insufficient evidence to prove a particular statement to be untrue

  8. U.S. v. Fornia-Castillo

    408 F.3d 52 (1st Cir. 2005)   Cited 100 times
    Holding that stop did not ripen into arrest in part because detaining officer initially “was the only officer on the scene”

  9. U.S. v. Cassiere

    4 F.3d 1006 (1st Cir. 1993)   Cited 85 times   1 Legal Analyses
    Holding that evidence of "mastermind[ing]" a land flip was admissible under Rule 404(b) in a trial for fraudulent land flips in which the defendant played a different role

  10. U.S. v. Kattar

    840 F.2d 118 (1st Cir. 1988)   Cited 98 times   1 Legal Analyses
    Holding that once a prosecution indicates that certain statements by its agents are trustworthy, it cannot then argue that they constitute inadmissible hearsay

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,577 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,197 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  13. Section 1031 - Exchange of real property held for productive use or investment

    26 U.S.C. § 1031   Cited 731 times   78 Legal Analyses
    Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

  14. Section 1.1031(k)-1 - Treatment of deferred exchanges

    26 C.F.R. § 1.1031(k)-1   Cited 38 times
    Providing that “ qualified intermediary is a person who—... (B) Enters into a written agreement with the taxpayer (the ‘exchange agreement’) and, as required by the exchange agreement, acquires the relinquished property from the taxpayer, transfers the relinquished property, acquires the replacement property, and transfers the replacement property to the taxpayer.”