· 12/23/1993
United States v. Michael Tracy and Francisco Luis Aguilar
Citations
- 12 F.3d 1186
- 1993 U.S. App. LEXIS 33708
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing “the court’s own comments” from its charge in a jury colloquy
- finding no abuse of discretion when death threat evidence admitted to show defendant “was a member of the conspiracy and played a role that gave him . . . familiarity with [its] operation,” including acting as its “enforcer”
- rejecting similar argument when there was “nothing to indicate that the court sought to penalize [a defendant] for exercising his right to put the government to its proof” and “the court stated several other weighty reasons for the sentence it selected”
- “The mere fact that a codefendant is proceeding pro se is not in itself a ground for severance.”
- when defendant fails to request instruction, trial court’s failure to instruct is a ground for reversal only when it constitutes an error that is “egregious and obvious” and reversal is “necessary to redress a miscarriage of justice”
- “That a person who suffers from severe panic 13 attacks, anxiety, and depression makes some improvement does not mean that the 14 person’s impairments no longer seriously affect her ability to function in a 15 workplace.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Pollack, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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