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· 9/27/2013

FAIELLO, DEAN v. FISCHER, BRIAN

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that “evidence of frequent, coordinated drug sales rebuts” any argument that each defendant was selling by himself, for himself, in the same place as other defendants
  • reviewing for clear error a district court’s factual finding of the drug quantity attributable to a defendant
  • affirming the leadership enhancement’s application because it was based on specific findings of fact and acknowledging that be- ing called “boss” is not controlling
  • enforcing an appellate waiver where defendant argued “cognitive deficits” prevented the waiver’s enforceability
  • “Intrinsic evidence is still subject to Rule 403, see United States v. Edouard, 485 F.3d 1324, 1344 (11th Cir. 2007
  • “We have explained that evidence that a defendant’s ‘behavior was the product of a competent, calculating mind’ is grounds to deny a competency hearing.” (quoting United States v. Perkins, 787 F.3d 1329, 1340 (11th Cir. 2015))

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.