Legal Opinion

United States v. Mike Gentile and George Marquart

Court of Appeals for the Fifth Circuit

Decided June 7, 1974No. 73-2181PublishedCited by 53 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

Mike Gentile and George Marquart were jointly tried and convicted under a three count indictment for distribution and conspiracy to distribute certain proscribed substances in violation of 21 U. S.C. § 841(a)(1). 1 2On appeal Gentile argues that, because this was a multiple defendant trial, the unrelated offense alleged in Count 3 of the indictment charging only Marquart was improperly joined under Rule 8(b) 2 with Counts 1 and 2, that even if there was proper joinder under 8(b) the trial court abused its discretion in denying a severance under Rule 14, 3 and that…

2Cases cited13 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Schaffer v. United StatesSupreme Court of the United States · 1960
  3. Gordon v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  4. Donald G. King v. United StatesCourt of Appeals for the First Circuit · 1966
  5. United States v. George Camillo JacquillonCourt of Appeals for the Fifth Circuit · 1972

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3Cited by53 opinions

  1. United States v. Jo Ann Harrelson, Charles Voyed Harrelson and Elizabeth Nichols ChagraCourt of Appeals for the Fifth Circuit · 1985
  2. United States v. KopitukCourt of Appeals for the Eleventh Circuit · 1982
  3. United States v. KroutCourt of Appeals for the Fifth Circuit · 1995
  4. United States v. Harold Thomas Wilson, United States of America v. Bobby Eugene HendrixCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. John Weaver, Thomas D. SikesCourt of Appeals for the Eleventh Circuit · 1990

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