· 1/18/2007
United States v. Richard I. Berger, United States of America v. Richard I. Berger
Citations
- 473 F.3d 1080
- 2007 U.S. App. LEXIS 1013
- 2007 WL 113957
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that we review the “totality of the circumstances” and that no single factor is “talismanic” (citations and internal quotation marks omitted)
- noting that “restitution in this case is governed by the Mandatory Victims Restitution Act of 1996”
- noting that “restitution in this case is governed by the Man- datory Victims Restitution Act of 1996”
- stating that a district court’s Allen instruction “must be upheld unless it is clear from the record that the charge had an impermissibly coercive effect on the jury” (quoting United States v. Plunk, 153 F.3d 1011, 1027 (9th Cir. 1998
- applying knowing, intelligent, and voluntary waiver 4 requirement to right to be present at trial
- finding no coercion when the court took hours to provide an “adequate counterbalance” to the “so-called” Allen charge
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Leavy, Beistline
Read full opinion on CourtListenerSourced 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.