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847 F.2d 660

Docket Nos. 85-1768, 85-1771.

United States v. Rivera

Eleventh Circuit Court of Appeals

June 1, 1988.

Eleventh Circuit Court of Appeals · decided 1988-06-01

Key passage — most relied on by later courts

“whether the Sixth Amendment and Due Process Clauses of the United States Constitution require that an indictment charging a continuing criminal enterprise must allege all offenses to be used at trial, thus showing that facts concerning such offenses were presented to the grand jury, in order for evidence of such offenses to be admissible at trial.”

quoted by 2 later decisions, including United States v. Rivera, United States v. Rivera

Applies 42 U.S.C. § 1382 (§ 1611 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on Walden v. Schweiker · United States v. Rivera · Powell v. Schweiker

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-01

How this case has been cited

Cited by 11 later decisions (1 by the Supreme Court) — most recently May 2005

8 federal appellate ·

50198819902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

Prior report: 837 F.2d 906.

¶2

Before HOLLOWAY, McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, and BALDOCK, Circuit Judges and BROWN, District Judge.*

¶3

ORDER ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC.

¶4

On consideration of the petition for rehearing and suggestion for rehearing en banc, it is ordered that the suggestion for rehearing en banc is granted, limited to reason 1 in the suggestion which the court treated as the issue whether the Sixth Amendment and Due Process Clauses of the United States Constitution require that an indictment charging a continuing criminal enterprise must allege all offenses to be used at trial, thus showing that facts concerning such offenses were presented to the grand jury, in order for evidence of such offenses to be admissible at trial.

¶5

It is further ordered that the defendant-appellant file a supplemental brief directed to this issue, in typewritten form, not to exceed 25 pages in length, on or before July 8, 1988; that the plaintiff-appellee, the United States of America, file a typewritten answer brief not to exceed 25 pages in length on or before August 5, 1988; and that the defendant-appellant may file a typewritten reply brief not to exceed 15 pages in length on or before August 15, 1988. The cause will be re-argued to the court en banc at its September term at Salt Lake City, September 6-9, 1988.

*

Wesley E. Brown, United States Senior District Judge for the District of Kansas, sitting by designation

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