United States v. Cruz-Diaz

How courts have described this case

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

• holding that the evidence was sufficient to establish that the defendant used a real firearm where, among other things, a witness described the gun as being “nickel plated”
• observing that out-of-court statements offered for the limited purpose of showing what effect the statement had on the listener are not hearsay
• finding that the totality of evidence, including the lack of an indication in the witness testimony that the “pistol” described by the witnesses was fake, supported an inference by the jury that the defendant used a real gun
• explaining that an out-of-court statement made by a co- defendant to authorities was not offered for its truth when it was offered \to explain why the FBI and police did not pursue other investigatory options after apprehending the defendants\
• finding that the evidence was sufficient to establish that the defendant used a real firearm where, among other things, “none of the witnesses in this case, all of whom had ample time to view the gun, described it as a BB or toy gun”
• noting a statement offered for the limited purpose of showing what effect the statement had on the listener is not hearsay

Source: CourtListener parenthetical corpus (CC0).