stating that a district court’s rulings concerning summary charts are subject to reversal “only upon a clear showing of abuse and resulting prejudice to the accused”
How later courts described this case
- stating that a district court’s rulings concerning summary charts are subject to reversal “only upon a clear showing of abuse and resulting prejudice to the accused”
- affirming the district court's sentence where defendant was given an opportunity to address the court after the court imposed an initial sentence but before the sentencing proceeding concluded
- noting with approval that agent who prepared the chart was available for cross-examination
- district court's rulings concerning summary charts are subject to review "only upon a clear showing of abuse and resulting prejudice to an accused"
Written by the judges who cited it.
The opinion
ON PETITIONS FOR REHEARING AND PETITIONS. FOR REHEARING EN BANC
PER CURIAM:
The petitioner Marve A. Dubin is granted permission to file an out-of-time petition for rehearing. The petitions of Joseph H. Dixon, William Crand-all, William Fanning, Martin D. Von Zamft, Milton Gordon, William Marmor-stein and Marve A. Dubin are hereby denied separately and severally and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the petitions for rehearing en banc filed by Milton Gordon and William Marmorstein are denied.