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· 11/15/1985

United States v. Gilbert Rivera and Albert Saul Platt

Citations

  • 775 F.2d 1559
  • 1985 U.S. App. LEXIS 24024

How courts have described this case

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

  • holding that a factfinder’s witness- credibility decision may not be disturbed unless the witness’s testimony was unbelievable on its face
  • noting that defendant made calls “simply to find out whether any sales had been made,” not to facilitate the sales
  • noting that defendant made calls “simply to find out whether any sales had been made,” not to facilitate the sales
  • giving a similar definition of “facilitation” in the context of proving a violation of 21 U.S.C. § 843(b), which concerns the knowing and intentional use of a communications facility to facilitate the commission of a narcotics offense
  • rejecting defense argument that witness’ perjurious character, previous felonious acts, other evidence which undermined his testimony, and preferential treatment provided by the prosecutors rendered the testimony incredible as a matter of law
  • testimony must assert \facts that [the witness] physically could not have possibly observed or events that could not have occurred under the laws of nature\

Source: CourtListener parenthetical corpus (CC0).

Judges: Vance, Henderson, Dyer

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.