US v. Oquendo-Rivera

Filing 920091105

Opinion

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var gAgent = navigator.userAgent.toLowerCase() var gWindows = ( (gAgent.indexOf( "win" ) != -1 ) || ( gAgent.indexOf( "16bit" ) != -1 ) ) var gIE = ( gAgent.indexOf( "msie" ) != -1 ) var bInlineFloats = ( gWindows && gIE && ( parseInt( navigator.appVersion ) >= 4 ) ) var floatwnd = 0 var WPFootnote1 = 'Those charges were associating with a criminal, failing to\ notify his probation officer about being questioned by police, and\ failing to submit a monthly supervision report. Although based on\ a much earlier event, the charges were advanced only after the\ Yauco incident.\ ' var WPFootnote2 = 'Tirado testified that he saw a man who was not Oquendo fire\ at him from the balcony of the house, exit and flee the house\'s\ front entrance with a revolver in his right hand, jump a fence, and\ escape--never to be arrested. Officer Jose Brasero similarly saw\ a man who fled the front entrance of the house at the beginning of\ the shooting.\ ' var WPFootnote3 = 'The court speculated that Oquendo\'s revolver might not have\ been found because houses in the area were so small and close\ together that "[t]here are 20,000 little places to hide a gun there\ or throw a gun out." But nothing explains how a crawling, bleeding\ man could have disposed effectively of his weapon.\ ' var WPFootnote4 = 'See United States v. Stephenson, 928 F.2d 728, 733 (6th Cir.\ 1991) (remanding a revocation of supervised release because of a\ lack of reliable evidence and the district court\'s insufficient\ explanation of the reasons and evidence supporting revocation);\ United States v. Smith, 767 F.2d 521, 524 (8th Cir. 1985)(remanding\ for the district court to augment its explanation of the basis for\ probation revocation); United States v. Lacey, 648 F.2d 441, 444-45\ (5th Cir. Unit A June 1981) (same), cert. denied, 456 U.S. 961\ (1982).\ ' function WPShow( WPid, WPtext ) { if( bInlineFloats ) eval( "document.all." + WPid + ".style.visibility = 'visible'" ); else { if( floatwnd == 0 || floatwnd.closed ) floatwnd = window.open( "", "comment", "toolbars=0,width=600,height=200,resizable=1,scrollbars=1,dependent=1" ); floatwnd.document.open( "text/html", "replace" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( " p { margin-top:0px; margin-bottom:1px; } \r\n" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( WPtext ); floatwnd.document.write( 'Close'); floatwnd.document.write( "

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