U.S. v. Harvey, 87-5051

Decision Date02 September 1988
Docket NumberNo. 87-5051,87-5051
Citation855 F.2d 1492
PartiesUNITED STATES of America, Plaintiff-Appellant, v. Jerry Lee HARVEY, Defendant-Appellee.
CourtU.S. Court of Appeals — Eleventh Circuit

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Thomas L. Fink, Sp. Atty., U.S. Dept. of Justice, Roger M. Olsen, Atty. Gen., Michael L. Paup, Chief, Appellate Section, Robert E. Lindsay, Alan Hechtkopf, Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Leonard Alan Sands, Coconut Grove, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON, and COX, Circuit Judges.

(Opinion July 14, 1988, 11th Cir., 1988, 848 F.2d 1547)

BY THE COURT:

A majority of the judges in active service on the court's own motion having determined to have this case reheard in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc with oral argument during the week of October 17, 1988, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of in banc briefs. The previous panel's opinion is hereby VACATED.

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8 cases
  • United States v. Patrick
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 23 novembre 2016
  • U.S. v. Harvey, 87-5051
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 14 avril 1989
    ... ... Similarly, although 18 U.S.C. Secs. 6002-6003 provide for court-supervised grants of use immunity, prosecutors may extend such immunity informally as well. Harvey did not receive a formal (statutory) grant of transactional or use immunity, yet because due process requires us to enforce the government's agreement with Harvey, we apply the same rules and method of analysis to an informal grant of use or transactional immunity as we would to a formal grant. 8 E.g., United States v. Quatermain, 613 F.2d 38, 41 (3d Cir.), cert. denied, 446 U.S. 954, 100 S.Ct. 2923, 64 ... ...
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    • United States
    • U.S. District Court — Northern District of Illinois
    • 5 septembre 2019
  • U.S. v. Dumes
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 15 novembre 2002
    ... ... EVANS, Circuit Judge ...         Thirteen defendants are before us in appeals 1 that grow out of a 1999 superseding indictment charging 22 defendants with conspiracy ... ...
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