· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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