Legal Opinion

United States v. Major Becton, Stanley Becton, Robert Jones, Robert Pollack, Vincent Damien and Barry Mirojnick

Court of Appeals for the Fifth Circuit

Decided December 18, 1980No. 80-1630PublishedCited by 56 opinions

1Opinion of the Court

GEE, Circuit Judge:

This expedited appeal presents two issues, a jurisdictional one of broad interest and importance and an evidentiary one of interest to the appellants only. Since the need for us to consider the latter depends on how we resolve the former, we discuss it first.

Appellants’ trial on drug charges resulted in a thoroughly 1 hung jury and the consequent declaration of a mistrial. Motions for judgment of acquittal at the close of the prosecution’s case, renewed after the jury’s discharge, were partly granted but in main denied. When the remaining counts were set for retrial,…

2Cases cited8 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. United States v. PerezSupreme Court of the United States · 1824
  5. Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976

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3Cited by56 opinions

  1. Richardson v. United StatesSupreme Court of the United States · 1984
  2. Mark Dean Schwab v. James v. Crosby, Jr.Court of Appeals for the Eleventh Circuit · 2006
  3. Samuel Delk v. Frank D. AtkinsonCourt of Appeals for the Sixth Circuit · 1981
  4. Aaron Gearlds, Jr. v. Entergy Services, IncorporatCourt of Appeals for the Fifth Circuit · 2013
  5. United States of America, Cross-Appellant v. Marsden W. Miller, Jr., and William C. Huls, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992

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