15 Cited authorities

Neder v. United States
527 U.S. 1 (1999) Cited 4,946 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
U.S.A. v. Mangual-Garcia
505 F.3d 1 (1st Cir. 2007) Cited 62 times
Finding that a specific instruction to disregard testimony was sufficient to cure claimed prosecutorial misconduct
U.S. v. Riccio
529 F.3d 40 (1st Cir. 2008) Cited 44 times
Finding no plain error where verdict form omitted an element of a federal offense, and noting that the court is "not required to reiterate" every element of the offense in the verdict form where jury is properly instructed as to all elements
U.S. v. Azubike
504 F.3d 30 (1st Cir. 2007) Cited 39 times 1 Legal Analyses
Holding that a jury could infer that the defendant knew that a briefcase contained narcotics because of the close association between the defendant and others who likely did know the contents of the briefcase
U.S. v. Cormier
468 F.3d 63 (1st Cir. 2006) Cited 39 times
Finding sufficient evidence that defendant intended to distribute marijuana and stating, "[t]he quantity of marijuana retained by [the defendant] — at least two pounds — although not dispositive, at least suggests that it may not have been intended only for personal use"
United States v. Sindona
636 F.2d 792 (2d Cir. 1980) Cited 83 times
Finding witnesses unavailable where they were Italian citizens, never located in the United States and therefore outside the subpoena power of the court
U.S. v. Felton
417 F.3d 97 (1st Cir. 2005) Cited 31 times
Holding that the introduction of a coconspirator statement did not abridge the defendant's Sixth Amendment rights because the statement fell within a firmly rooted hearsay exception and was nontestimonial
U.S. v. Brennan
994 F.2d 918 (1st Cir. 1993) Cited 44 times
Holding that a prosecutor's comments regarding a defendant's failure to produce documents corroborating a defense theory are proper if they are limited to assailing the strength or plausibility of the proffered theory
U.S. v. Stark
499 F.3d 72 (1st Cir. 2007) Cited 24 times
Finding attenuation where confession was two days after illegal search
United States v. Roti
484 F.3d 934 (7th Cir. 2007) Cited 24 times
Noting that a settlement was irrelevant because it could have been reached "to avoid the cost and distraction of defending the suit"
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,396 times 103 Legal Analyses
Relating to mail fraud

USA v. Carpenter

15 Cited authorities

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Finding that a specific instruction to disregard testimony was sufficient to cure claimed prosecutorial misconduct

Finding no plain error where verdict form omitted an element of a federal offense, and noting that the court is "not required to reiterate" every element of the offense in the verdict form where jury is properly instructed as to all elements

Holding that a jury could infer that the defendant knew that a briefcase contained narcotics because of the close association between the defendant and others who likely did know the contents of the briefcase

Finding sufficient evidence that defendant intended to distribute marijuana and stating, "[t]he quantity of marijuana retained by [the defendant] — at least two pounds — although not dispositive, at least suggests that it may not have been intended only for personal use"

Finding witnesses unavailable where they were Italian citizens, never located in the United States and therefore outside the subpoena power of the court

Holding that the introduction of a coconspirator statement did not abridge the defendant's Sixth Amendment rights because the statement fell within a firmly rooted hearsay exception and was nontestimonial

Holding that a prosecutor's comments regarding a defendant's failure to produce documents corroborating a defense theory are proper if they are limited to assailing the strength or plausibility of the proffered theory

Finding attenuation where confession was two days after illegal search

Noting that a settlement was irrelevant because it could have been reached "to avoid the cost and distraction of defending the suit"

Relating to mail fraud