Legal Opinion

United States v. Joseph E. Kirkland, III

Court of Appeals for the Fifth Circuit

Decided September 29, 1988No. 87-4542PublishedCited by 13 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

I

This appeal challenges the denial of a motion under Fed.R.Crim.P. 35(a) to strike the restitution provisions from a partially-suspended sentence and the conditions of probation. Joseph E. Kirkland, III, was indicted under 18 U.S.C. § 1001 for concealing information relating to the use of a portion ($90,895) of a $1 million government loan extended to finance Kirkland’s company’s development of a housing project. Kirkland’s contract with the Farmers Home Administration (FmHA) provided that FmHA would loan the development company money for use in construction, so…

2Cases cited31 opinions

  1. Williams v. IllinoisSupreme Court of the United States · 1970
  2. Carpenter v. United StatesSupreme Court of the United States · 1987
  3. United States v. Charles Ira BlackCourt of Appeals for the Ninth Circuit · 1985
  4. United States v. Joseph PalmaCourt of Appeals for the Third Circuit · 1985
  5. United States v. Yvonne Harris and Josephine HarrisCourt of Appeals for the Seventh Circuit · 1985

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

3Cited by13 opinions

  1. United States v. Leona M. Helmsley, Joseph v. Licari and Frank J. Turco, Leona M. HelmsleyCourt of Appeals for the Second Circuit · 1991
  2. United States v. Thomas A. Burger, National Association of Criminal Defense Lawyers, Inc., Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1992
  3. United States v. Juan JimenezCourt of Appeals for the Fifth Circuit · 1996
  4. United States v. Evan Miller (88-2272) and Jonathan Miller (89-1129)Court of Appeals for the Sixth Circuit · 1990
  5. United States v. Ovie L. DuncanCourt of Appeals for the Tenth Circuit · 1989

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

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