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fact fairly to resolve conflicts in the testimony, to weigh the evidence, i and to draw reasonable inferences ' facts to ultimate facts."(quoting Jackson 443 U.S. 307, 319, 99 S.Ct. 2781, . . 560 (1979)). Of course, a jury is not free to credit O 2007 Thomson/West. No Claim to Orig. U.S. Govt. Wo
ct Judge, Presiding. D.C. Nos. CR-04-00301-0 I 6-MJ P, CR-04 -00301-003-M1P, CR-04-00301.007-MJP.
mindful of the fact that a district court 'retains great latitude in deciding wl illy • should be asked on voir dire.' Mu'Min 500 U.S. 415, 424, Ill S.Ct. 1899, 114 . . 493 (1991). We ascertain only whether the district court ensured that Middleton had 'a fair r trial by a el of impartial, "indiff
993), and "conclusory allegations, unwarranted deductions of facts, or legal conclusions masquerading as fact will not prevent dismissal." Jackson ■ BellSouth Telecommunications, 372 F.3d 50, 1262- 1263 (11th Cir.2004) (citations omitted). 'To survive a motion to dismiss, plaintiffs must d
an & Goggin, Orlando, FL, Kimble Clark Bouchillon, Frost Tamayo Sessums & Aranda, P.A., Bartow, FL, Mime A. Hanna, Cobb & Cole, Daytona Beach, FL, Michael Charles Huddleston, Huddleston & Teal, P.A., DeLand, FL, for Defendants. Paul Prewitt, Daytona Beach, FL, pro se. ORDER MOODY, J. •1 THIS CAUSE c
ctly points out that Congress is ofi presumed to be aware existing law when it enacts legislation. See Miles Apex Marine Corp., 498 U.S. 19, 32, Ill S.Ct. 7, 112 L.Ed.2d 275 (1990) . She argues that, because Congress intended to provide sex crime victims, such as her son, with a civil remedy, and b
82). We must affirm the conviction if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson' En 443 U.S. 307, 319 (1979). To support a conviction under the Mann Act, courts have required that a dominant purpose of the interstate transport
anciola, 920 F.2d 1295, 1301 (6th Cir.1990) analyzing Speedy Trial Act issues under an abuse of discretion stand- ard), cert. denied,501 U.S. 1219, Ill S.Ct. 2830 (1991). Moreover, Scott has failed to show that ac- tual prejudice resulted from the 36-day period between his arrest on January 7 and his in
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