Legal Opinion

United States v. Brown

Court of Appeals for the Fifth Circuit

Decided November 16, 1998No. 95-31000PublishedCited by 58 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

We granted rehearing en banc as to count twenty-four, which alleged violation of 18 U.S.C. § 924(c)(1), to consider whether to adopt a harmless error rule in eases in which a jury convicts a defendant under an erroneous pre-Bailey “use” instruction.

I

Defendant, Alfred Brown, supplied drugs to the Bottoms Boys, a street gang in Shreveport, Louisiana. Police conducted a lengthy investigation of the gang that culminated in the arrest of Brown and thirteen other gang members. 1 A grand jury indicted Brown on several offenses, including count twenty-four which charged…

2Cases cited14 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Muscarello v. United StatesSupreme Court of the United States · 1998
  3. Carella v. CaliforniaSupreme Court of the United States · 1989
  4. United States v. Reginald Pierre Beasley, United States of America v. Oliver Lawrence BeasleyCourt of Appeals for the Eighth Circuit · 1997
  5. United States v. Thomas PriceCourt of Appeals for the Third Circuit · 1996

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

3Cited by58 opinions

  1. United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby JohnsonCourt of Appeals for the Fifth Circuit · 2002
  2. United States v. RiggsCourt of Appeals for the Fifth Circuit · 2002
  3. United States v. Rafael Portela, United States of America v. Francisco Villaman-Rodrguez, United States of America v. Juan A. CarrasquilloCourt of Appeals for the First Circuit · 1999
  4. United States v. CooperCourt of Appeals for the Fifth Circuit · 2001
  5. United States v. CarbajalCourt of Appeals for the Fifth Circuit · 2002

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API