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United States v. Lara

Document Justia Case Summary Cited authorities 61 Cited in 11 Precedent Map Related
Vincent
Docket Number20-50112
Decision Date11 January 2022
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15 cases
  • Brown v. Dir., TDCJ-CID
    • United States
    • U.S. District Court — Northern District of Texas
    • August 10, 2022
    ...at the punishment phase of trial or (2) naturally and necessarily a comment on Brown's failure to testify. See United States v. Lara, 23 F.4th 459, 479 (5th Cir. 2022) (prosecutorial comments regarding a defendant's failure to testify are impermissible under the Fifth Amendment if either th......
  • United States v. Banks
    • United States
    • U.S. District Court — Northern District of West Virginia
    • February 6, 2023
    ...and the overdose of the victim in this case. Such use of hypothetical questions is not improper. See e.g., United States v. Lara, 23 F.4th 459, 480 (5th Cir. 2022) (“An ‘attorney is entitled to urge the conclusions which the attorney thinks the jury should draw from the evidence.' In doing ......
  • United States v. Cruz-Benavente
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 20, 2023
    ... ... See ... Puckett, 556 U.S. at 135. To succeed, Cruz "must ... demonstrate that there is a reasonable probability that [his] ... trial would have come out differently but for" the ... admission of that evidence. United States v. Lara, ... 23 F.4th 459, 477 (5th Cir.), cert. denied, 142 ... S.Ct. 2790 (2022) (internal quotation marks and citation ... omitted). Any "error in admitting evidence will be found ... harmless when the evidence is cumulative, meaning that ... substantial evidence supports ... ...
  • United States v. West
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 23, 2023
    ... ... Campos-Maldonado, 531 F.3d 337, 338 ... (5th Cir. 2008). We have rejected West's argument that a ... within-guidelines sentence is substantively unreasonable ... because the applicable methamphetamine Guideline lacks an ... empirical basis. See United States v. Lara, 23 F.4th ... 459, 486 (5th Cir. 2022), cert. denied, 142 S.Ct ... 2790 (2022); see also United States v ... Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir ... 2009); United States v. Duarte, 569 F.3d 528, 530-31 ... (5th Cir. 2009). In addition, he fails to ... ...
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