12 Cited authorities

Grunewald v. United States
353 U.S. 391 (1957) Cited 891 times 7 Legal Analyses
Holding a conspiracy to conceal should not be inferred from acts of concealment because "every conspiracy will inevitably be followed by actions taken to cover the conspirators' traces" and the opposite result would "extend the life of a conspiracy indefinitely"
United States v. Chief
438 F.3d 920 (9th Cir. 2006) Cited 34 times
Concluding that the district court's exclusion of testimony was harmless as another witness testified to the information
U.S. v. Smith
866 F.2d 1092 (9th Cir. 1989) Cited 60 times
Observing that "courts have addressed under Rule 12(b) such defenses as misnomer, duplicity or multiplicity . . . and other defects in the indictment or information that go to matters of form rather than substance"
U.S. v. Ramirez
324 F.3d 1225 (11th Cir. 2003) Cited 31 times
Holding that defense tactic of "sandbagging" is not good cause for failure to file motion to dismiss
United States v. Stoner
98 F.3d 527 (10th Cir. 1996) Cited 37 times
Holding that where "the defendant could not have anticipated from the allegations in the indictment what the evidence would be at trial . . . the defendant's Sixth Amendment right to notice of the charges against her" may be prejudiced
United States v. Gardley
Case No.: 2:10-cr-236-GMN-PAL (D. Nev. Sep. 5, 2013) Cited 5 times
Case No.: 2:10-cr-236-GMN-PAL 09-05-2013 UNITED STATES OF AMERICA, Plaintiff, v. CANDIS J. GARDLEY, SUZANNE R. McALLISTER, and JABARI L. MARSHALL, Defendants. Gloria M. Navarro ORDER DENYING Defendant Jabari L. Marshall's Motion to Dismiss Second Superseding Indictment (ECF No. 219) Before the Court is Defendant Jabari L. Marshall's Motion to Dismiss Second Superseding Indictment (ECF No. 219), the Government's Response (ECF No. 222), and Defendant Marshall's Reply (ECF No. 227). Also before the
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,507 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 44,321 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,543 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,353 times 142 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 3282 - Offenses not capital
18 U.S.C. § 3282 Cited 1,838 times 27 Legal Analyses
Providing general 5–year statute of limitations
Section 3283 - Offenses against children
18 U.S.C. § 3283 Cited 65 times 1 Legal Analyses
Permitting prosecution to begin against individuals charged with child sexual abuse until child victim reached twenty-five years of age

USA v. FedEx Corporation et al

12 Cited authorities

Holding a conspiracy to conceal should not be inferred from acts of concealment because "every conspiracy will inevitably be followed by actions taken to cover the conspirators' traces" and the opposite result would "extend the life of a conspiracy indefinitely"

Concluding that the district court's exclusion of testimony was harmless as another witness testified to the information

Observing that "courts have addressed under Rule 12(b) such defenses as misnomer, duplicity or multiplicity . . . and other defects in the indictment or information that go to matters of form rather than substance"

Holding that defense tactic of "sandbagging" is not good cause for failure to file motion to dismiss

Holding that where "the defendant could not have anticipated from the allegations in the indictment what the evidence would be at trial . . . the defendant's Sixth Amendment right to notice of the charges against her" may be prejudiced

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Requiring proof of an "act to effect the object of the conspiracy"

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Providing general 5–year statute of limitations

Permitting prosecution to begin against individuals charged with child sexual abuse until child victim reached twenty-five years of age