· 8/24/2000
United States v. Paul Corrado (98-2269) Nove Tocco (98-2270) Vito William Giacalone (98-2365)
Citations
- 227 F.3d 528
- 2000 U.S. App. LEXIS 21401
- 2000 WL 1199096
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that Smith v. Phillips changed the Remmer rule and placed the burden on the defendant to show actual prejudice from ex parte juror communication
- recognizing that Smith v. Phillips changed the Remmer rule and placed the burden on the defendant to show actual prejudice from ex parte juror communication
- holding Apprendi is not triggered when defendants were sentenced within the prescribed maximum terms before factoring in any enhancing provisions
- noting that Brady applies to suppressed exculpatory evidence that “was not discovered by the defendant until after trial”
- noting that we “accord ‘great deference’ to the determinations of the issuing judge” (quotation omitted)
- holding Apprendi is not triggered when defendants were sentenced within the prescribed maximum terms before factoring in any enhancing provisions
Source: CourtListener parenthetical corpus (CC0).
Judges: Wellford, Nelson, Gilman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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