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· 9/13/2005

United States v. David L. Smith, United States of America v. Herbert A. Bates

Citations

  • 424 F.3d 992
  • 68 Fed. R. Serv. 253
  • 96 A.F.T.R.2d (RIA) 6103
  • 2005 U.S. App. LEXIS 19705
  • 2005 WL 2210206

How courts have described this case

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

  • holding that “[s]ubstantial proof of grand jury bias is required to overturn an indictment” and rejecting challenge where the defendant made “no factual allegation of actual bias on the part of any grand juror in his case” (internal quotation marks omitted)
  • explaining that lack of remorse is a “legitimate sentencing factor[]”
  • assuming that Gantt applies and distinguishing it
  • assuming that Gantt applies and distin- guishing it
  • “[N]either suppression nor reversal of Smith’s conviction is warranted by this technical violation of 28 U.S.C. § 1691.”
  • “Multiplicity of sentences is unlike the issue of multiplicity of an indictment which can be waived if not raised below.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinfeld, Hawkins, Graber

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.