Legal Opinion
United States v. Fitzgerald
Court of Appeals for the Fifth Circuit
Decided July 12, 1996No. 95-50521PublishedCited by 60 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
Appellant, Billy Ray Fitzgerald, was convicted and sentenced for possession of over five grams of cocaine base in violation of 21 U.S.C. § 844(a). On appeal, Fitzgerald challenges both the district court’s refusal to give a jury instruction on the lesser included offense of possession of a controlled substance, and the sufficiency of the indictment. Alternatively, Fitzgerald challenges the calculation of his sentence. We affirm.
Police officers responded to a report of an assault that culminated in the chase and ultimate arrest of Fitzgerald. One of the police officers…
2Cases cited23 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. GaudinSupreme Court of the United States · 1995
- U.S. v. MergersonCourt of Appeals for the Fifth Circuit · 1993
- United States v. Octavio Carreon, and Armando MelendezCourt of Appeals for the Fifth Circuit · 1994
- United States v. Barbara ChaneyCourt of Appeals for the Fifth Circuit · 1992
18 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- United States v. Arthur C. Bieganowski, M.D., Richard J. Goldberg, C.P.A., Gustavo Diaz, and Jesse Jaime LopezCourt of Appeals for the Fifth Circuit · 2002
- United States v. FuchsCourt of Appeals for the Fifth Circuit · 2006
- United States v. AvantsCourt of Appeals for the Fifth Circuit · 2004
- United States v. ThreadgillCourt of Appeals for the Fifth Circuit · 1999
- United States v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
55 more not listed; retrieve them via the Exa API.