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· 7/8/1996

United States v. Abdel Eltayib, Jaime Enrique Monsalvo Padilla and Jorge Portocarrero Pena

Citations

  • 88 F.3d 157
  • 44 Fed. R. Serv. 1438
  • 1996 U.S. App. LEXIS 16245

How courts have described this case

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

  • holding that procedural bar rule does not apply to ineffectiveness claims
  • concluding “not all uses of the pronoun T are improper” such as “I suggest that,” which “shie[s] away from an outright endorsement”
  • explaining that “if the defendant’s participation in the conspiracy has been established, conscious avoidance may support a finding with respect to the defendant’s knowledge of the objectives or goals of the conspiracy”
  • explaining that “if the defendant’s participation in the 13 conspiracy has been established, conscious avoidance may support a finding with respect to the defendant’s knowledge of the objectives or goals of the conspiracy”
  • rejecting contention that “indictment must be dismissed for prosecutorial misconduct before the grand jury” because “a guilty verdict by a petit jury remedies any possible defects in the grand jury indictment” (citing United States v. Mechanik, 475 U.S. 66, 72–73 (1986)
  • “[A] guilty verdict by a petit jury remedies any possible defects in the grand jury indictment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Jacobs, Parker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.