U.S. v. McDermot
| Decision Date | 05 June 1995 |
| Citation | 58 F.3d 636 |
| Parties | U.S. v. McDermot NO. 93-03603 |
| Court | U.S. Court of Appeals — Fifth Circuit |
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8 cases
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United States v. Simpson
...defendant's proper recourse is to file a motion to strike surplusage from the indictment. See, e.g., United States v. McDermot, 58 F.3d 636, at *5 (5th Cir. 1995) (unpublished opinion) (affirming denial of motion to dismiss indictment as needlessly wordy because defendant cited no authority......
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United States v. Smallwood
...defendant's proper recourse is to file a motion to strike surplusage from the indictment. See, e.g., United States v. McDermot, 58 F.3d 636, at *5 (5th Cir. 1995) (unpublished opinion) (affirming denial of motion to dismiss indictment as needlessly wordy because defendant cited no authority......
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United States v. Ryan
...the Government to elect upon which charge contained in the count it will rely.") (quoting United States v. McDermot , No. 93-3603, 58 F.3d 636, 1995 WL 371036, *4 n.6 (5th Cir. June 5, 1995) ).Notably, in this case, the government asserts that the alleged deceit in each false entries count—......
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U.S. v. Krenning
...criminal conduct occurred. In an unpublished opinion, we rejected the reasoning of Judge Mitchell on this issue. See United States v. McDermot, 58 F.3d 636 (5th Cir.1995) (vacating sentence and remanding for resentencing under § Application note 15 to § 2F1.1(b)(6) lists four types of damag......
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