Legal Opinion

United States v. Howard Kenneth Smith

Court of Appeals for the Fourth Circuit

Decided May 26, 1995No. 94-5651PublishedCited by 40 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Senior Circuit Judge BUTZER wrote the opinion, in which Judge HALL and Judge MOTZ joined.

OPINION

BUTZNER, Senior Circuit Judge:

The sole issue in this appeal is the effect to be given to the government’s motion, made pursuant to Federal Rule of Criminal Proce-. dure 48(a), to dismiss an indictment. Howard K. Smith appeals a judgment convicting him of conspiring to distribute in excess' of five kilograms of cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1). Initially Smith pleaded not guilty and was tried along with four codefendants. During the…

2Cases cited9 opinions

  1. Rinaldi v. United StatesSupreme Court of the United States · 1977
  2. Confiscation CasesSupreme Court of the United States · 1869
  3. Newman v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. In Re United States of America, United States of America v. Ray Cowan and Jack Jacobsen, Wayne O. Woodruff, Special ProsecutorsCourt of Appeals for the Fifth Circuit · 1975
  5. United States v. Robert Hamm, United States of America v. Willis Judge Butler, Les Wallick Fuller, Dayton Bud Evans, Jr. And Larry Dale WashingtonCourt of Appeals for the Fifth Circuit · 1981

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

3Cited by40 opinions

  1. Rice v. RiveraCourt of Appeals for the Fourth Circuit · 2010
  2. United States v. Douglas Martin, Melvin Alicea, Hector Carrasco, Victor Alicea, and Victor Matias, Jr.Court of Appeals for the Seventh Circuit · 2002
  3. United States v. Corey Deon GoodsonCourt of Appeals for the Fourth Circuit · 2000
  4. In Re: United States of AmericaCourt of Appeals for the Seventh Circuit · 2003
  5. United States v. Daniel BrownCourt of Appeals for the Fourth Circuit · 2012

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

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