Legal Opinion

United States v. Smith

Court of Appeals for the Fifth Circuit

Decided December 17, 2003No. 02-31170PublishedCited by 40 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

A jury found Elizabeth Smith guilty of arson, mail fraud, conspiracy, witness tampering, and the use of fire in the commission of a felony. She raises five claims of trial error and contends that the district court misapplied the sentencing guidelines and that part of her sentence violates the double jeopardy clause of the Fifth Amendment. Finding only harmless error with respect to one evidentiary issue, we affirm.

I

The underlying facts have their origin in a scene familiar to many households: A mother asks her son to perform a simple chore, he refuses, and she…

2Cases cited31 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Smith v. PhillipsSupreme Court of the United States · 1982
  4. Missouri v. HunterSupreme Court of the United States · 1983
  5. Remmer v. United StatesSupreme Court of the United States · 1954

26 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Rios v. City of Del Rio TXCourt of Appeals for the Fifth Circuit · 2006
  2. United States v. VillanuevaCourt of Appeals for the Fifth Circuit · 2005
  3. Medellin v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Travis McCabeCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. Rodney AndersonCourt of Appeals for the Eighth Circuit · 2015

35 more not listed; retrieve them via the Exa API.

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