Smith v. United States
Decision Date | 07 January 2008 |
Docket Number | No. 07–7428.,07–7428. |
Parties | Deshun SMITH, petitioner, v. UNITED STATES. |
Court | U.S. Supreme Court |
Case below, 495 F.3d 410.
On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Kimbrough v. United States, 552 U.S. ––––, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007).
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Austin v. Harrington
...for the State. See United States v. McMahan, 495 F.3d 410, 424 (7th Cir. 2007), vacated in part on other grounds, 552 U.S. 1091, 128 S.Ct. 917, 169 L.Ed.2d 719 (2008). More specifically, had defense counsel impeached Scott on this information, the State would have inquired why Scott request......
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United States v. Ramirez–Fuentes
...for plain error only. United States v. McMahan, 495 F.3d 410, 418 (7th Cir.2007), vacated in part on other grounds,552 U.S. 1091, 128 S.Ct. 917, 169 L.Ed.2d 719 (2008). To prevail under plain error review, a defendant must show “(1) the district court made an error; and (2) that error repre......
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United States v. Dillard
...in United States v. McMahan , 495 F.3d 410 (7th Cir. 2007), judgment vacated in part on other grounds sub nom. Smith v. United States , 552 U.S. 1091, 128 S.Ct. 917, 169 L.Ed.2d 719 (2008). In McMahan , "[t]wo law enforcement officers were asked what sort of work they did"; the first replie......
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U.S. v. Mitchell, 10–1831.
...(7th Cir.2007); United States v. McMahan, 495 F.3d 410, 424 (7th Cir.2007) (vacated on other grounds by Smith v. United States, 552 U.S. 1091, 128 S.Ct. 917, 169 L.Ed.2d 719 (2008)). Neither Pira nor McMahan involved evidence that would necessarily have met a clear and convincing evidence s......
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