26 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,702 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Southern Union Co. v. United States
567 U.S. 343 (2012) Cited 352 times 10 Legal Analyses
Holding that the rule in Apprendi applies to cases where significant criminal fines are imposed as well as where the sentence is imprisonment or death
Russell v. United States
369 U.S. 749 (1962) Cited 1,846 times 3 Legal Analyses
Holding that an indictment may not be "amended except by resubmission to the grand jury"
United States v. Aguilar
515 U.S. 593 (1995) Cited 381 times 9 Legal Analyses
Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"
U.S. v. Bortnovsky
820 F.2d 572 (2d Cir. 1987) Cited 468 times 1 Legal Analyses
Holding that the standard of review of a decision denying a bill of particulars is abuse of discretion
U.S. v. Ayers
924 F.2d 1468 (9th Cir. 1991) Cited 189 times
Holding that denial of a bill of particulars was proper when the indictment alleged five separate means and methods used to carry out the conspiracy and 15 overt acts in furtherance of the conspiracy
U.S. v. Laurins
857 F.2d 529 (9th Cir. 1988) Cited 177 times
Holding that the prosecutor's statement that defendant was a liar could be construed as a comment on the evidence
United States v. Trie
21 F. Supp. 2d 7 (D.D.C. 1998) Cited 65 times
Finding 45 pages of excerpt testimony with 175 names prohibitive
U.S. v. Diaz
236 F.R.D. 470 (N.D. Cal. 2006) Cited 42 times
Holding that instructions "do not fall within the bar of Rule 6(e) because their disclosure would not reveal the substance or essence of the grand jury proceedings."
United States v. Rosi
27 F.3d 409 (9th Cir. 1994) Cited 56 times
Holding that a request by suspect who had been lawfully arrested outside the home to retrieve clothing from his home implied consent to officers' entry where the suspect gave a house key to the officers
Section 1512 - Tampering with a witness, victim, or an informant
18 U.S.C. § 1512 Cited 4,376 times 41 Legal Analyses
Defining "law enforcement officer" as "an officer or employee of the Federal Government "
Section 1503 - Influencing or injuring officer or juror generally
18 U.S.C. § 1503 Cited 2,518 times 17 Legal Analyses
Relating to obstruction of justice
Section 3571 - Sentence of fine
18 U.S.C. § 3571 Cited 969 times 37 Legal Analyses
Establishing maximum fine of $500,000 for each felony offense of conviction
Section 1505 - Obstruction of proceedings before departments, agencies, and committees
18 U.S.C. § 1505 Cited 603 times 20 Legal Analyses
Providing criminal punishment for person who corruptly obstructs or endeavors to obstruct "due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States"
Section 192.919 - What must be in the baseline assessment plan?
49 C.F.R. § 192.919 Cited 5 times
An operator must include each of the following elements in its written baseline assessment plan: (a) Identification of the potential threats to each covered pipeline segment and the information supporting the threat identification. ( See§192.917.); (b) The methods selected to assess the integrity of the line pipe, including an explanation of why the assessment method was selected to address the identified threats to each covered segment. The integrity assessment method an operator uses must be based
Section 192.903 - [Effective until 6/28/2024] What definitions apply to this subpart?
49 C.F.R. § 192.903 Cited 4 times
The following definitions apply to this subpart: Assessment is the use of testing techniques as allowed in this subpart to ascertain the condition of a covered pipeline segment. Confirmatory direct assessment is an integrity assessment method using more focused application of the principles and techniques of direct assessment to identify internal and external corrosion in a covered transmission pipeline segment. Covered segment or covered pipeline segment means a segment of gas transmission pipeline
Section 192.901 - What do the regulations in this subpart cover?
49 C.F.R. § 192.901 Cited 4 times
This subpart prescribes minimum requirements for an integrity management program on any gas transmission pipeline covered under this part. For gas transmission pipelines constructed of plastic, only the requirements in §§192.917, 192.921 , 192.935 and 192.937 apply. 49 C.F.R. §192.901

USA v. Pacific Gas and Electric Company

26 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding that the rule in Apprendi applies to cases where significant criminal fines are imposed as well as where the sentence is imprisonment or death

Holding that an indictment may not be "amended except by resubmission to the grand jury"

Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"

Holding that the standard of review of a decision denying a bill of particulars is abuse of discretion

Holding that denial of a bill of particulars was proper when the indictment alleged five separate means and methods used to carry out the conspiracy and 15 overt acts in furtherance of the conspiracy

Holding that the prosecutor's statement that defendant was a liar could be construed as a comment on the evidence

Finding 45 pages of excerpt testimony with 175 names prohibitive

Holding that instructions "do not fall within the bar of Rule 6(e) because their disclosure would not reveal the substance or essence of the grand jury proceedings."

Holding that a request by suspect who had been lawfully arrested outside the home to retrieve clothing from his home implied consent to officers' entry where the suspect gave a house key to the officers

Defining "law enforcement officer" as "an officer or employee of the Federal Government "

Relating to obstruction of justice

Establishing maximum fine of $500,000 for each felony offense of conviction

Providing criminal punishment for person who corruptly obstructs or endeavors to obstruct "due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States"