Legal Opinion
United States v. Michael Bova
Court of Appeals for the Fifth Circuit
Decided April 26, 1974No. 73-1340PublishedCited by 40 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
We review appellant’s conviction on two counts of violation of federal narcotics laws. We determine that Bova was improperly joined in the indictment with a codefendant as to offenses unrelated to appellant, in violation of F.R. Crim.P. 8(b). We reverse his conviction and remand for a new trial.
I. The Facts
The appellant, Bova, and a codefend-ant, John Coccuzza, were charged in a four count indictment with unlawful possession and distribution of heroin, a Schedule I narcotic controlled substance, in violation of Title 21 U.S.C. Sec. 841(a)(1) and Title 18 U.S.C. Sec. 2.…
2Cases cited10 opinions
- McElroy v. United StatesSupreme Court of the United States · 1896
- Donald G. King v. United StatesCourt of Appeals for the First Circuit · 1966
- Henry Dewitt Ingram v. United StatesCourt of Appeals for the Fourth Circuit · 1959
- Cupo v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- United States v. Marvin Allen Eagleston, United States of America v. Bobby Joe FaubianCourt of Appeals for the Tenth Circuit · 1969
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. LaneSupreme Court of the United States · 1986
- United States v. Joseph C. Gallo Frederick Graewe Hartmut Graewe, Kevin Joseph McTaggart Angelo A. LonardoCourt of Appeals for the Sixth Circuit · 1985
- United States v. Herman Franks, (Two Cases). United States of America v. Max Britton, (Two Cases). United States of America v. Boyce MitchellCourt of Appeals for the Sixth Circuit · 1975
- United States v. KopitukCourt of Appeals for the Eleventh Circuit · 1982
- United States v. KroutCourt of Appeals for the Fifth Circuit · 1995
35 more not listed; retrieve them via the Exa API.