Cushing v. United States

Decision Date10 January 2022
Docket Number21-6314.
Parties Carl Alvin CUSHING, Petitioner, v. UNITED STATES.
CourtU.S. Supreme Court

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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9 cases
  • United States v. Leal
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 25, 2022
    ... ... 2. Mr. Leal had "knowledge of the essential objective of the conspiracy." 3. Mr. Leal's involvement was "knowing and voluntary." 4. "Interdependence" existed among Mr. Leal and the alleged coconspirators. United States v. Cushing , 10 F.4th 1055, 1065 (10th Cir. 2021) (quoting United States v. Rahseparian , 231 F.3d 1257, 1262 (10th Cir. 2000) ), cert. denied , ––– U.S. ––––, 142 S. Ct. 813, 211 L.Ed.2d 504 (2022). Mr. Leal homes in on the second element, arguing that he acted only to facilitate the sale ... ...
  • United States v. Draine
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 1, 2022
    ... ... 2 ... Legal Background ... In drug ... prosecutions, opinion testimony from law enforcement officers ... may be based on the case investigation or on the ... officer's training and experience. See United States ... v. Cushing, 10 F.4th 1055, 1079-80 (10th Cir. 2021), ... cert. denied, 142 S.Ct. 813 (2022). Although the ... line is not always clear, "a law-enforcement ... officer's testimony based on knowledge derived from the ... investigation of the case at hand is typically regarded as ... ...
  • United States v. Draine
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 1, 2022
    ... ... 2 ... Legal Background ... In drug ... prosecutions, opinion testimony from law enforcement officers ... may be based on the case investigation or on the ... officer's training and experience. See United States ... v. Cushing, 10 F.4th 1055, 1079-80 (10th Cir. 2021), ... cert. denied, 142 S.Ct. 813 (2022). Although the ... line is not always clear, "a law-enforcement ... officer's testimony based on knowledge derived from the ... investigation of the case at hand is typically regarded as ... ...
  • United States v. Gunn
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • April 6, 2023
    ... ... Cushing , 10 F.4th 1055, 1073 (10th Cir. 2021) (quoting ... United States v. Moran , 503 F.3d 1135, 1146 (10th ... Cir. 2007)), cert. denied , 142 S.Ct. 813 (2022). But ... we won't reverse a district court's failure to give a ... multiple-conspiracies instruction if the given ... ...
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