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· 3/30/1994

United States v. Michael Lee Matthews and Robert G. Prater

Citations

  • 20 F.3d 538
  • 40 Fed. R. Serv. 690
  • 1994 U.S. App. LEXIS 5981

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 witness’ in-court identification was independently reliable without discussing the witness’ failure to identify the defendant from a pretrial photo array
  • holding that the district court properly treated 11 defendant brandishing a toy gun as having carried a “dangerous weapon” for purposes of 12 sentencing enhancement
  • holding that fact that robbers issued explicit threats while “brandish[ing] and point[ing their firearms] menacingly” was not sufficient to constitute“otherwise use” of the firearm
  • stating that proper procedures include seating defendant in courtroom but not at defense counsel’s table during witness’s identification testimony
  • pointing firearms at customers during bank robbery, ordering them tofloor, and threatening to kill them if they did not comply amounted to \brandishing\
  • finding a statement 11 trustworthy, in part, because it “d[id] not reflect any attempt by [declarant] to minimize his own 12 culpability”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Jacobs, Carter

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.