· 9/16/1999
United States v. Wendell Layne
Citations
- 192 F.3d 556
- 53 Fed. R. Serv. 50
- 1999 U.S. App. LEXIS 22350
- 1999 WL 717225
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived” (quoting McPherson v. Kelsey, 125 F.3d 989, 995–96 (6th Cir. 1997))
- holding that issues which are not “fully developed and argued” on appeal or are addressed in a “perfunctory manner” are waived for appellate review
- holding that the discovery of a firearm in a dresser by the defendant’s bed sufficed to show constructive possession
- holding that constructive possession is established by proof that the defendant has dominion over the premises where the firearms are found
- holding that defendant did not “use” a Colt revolver when police undercover agent convinced defendant to accept the gun along with three kilograms of cocaine, for which defendant paid cash; defendant never mentioned a desire for a gun when he set up the drug transaction
- reasoning in part that section 851(a) is silent on the specificity with which the government must identify prior convictions
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Cole, Clay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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