Legal Opinion
United States v. Goldberg
District Court, D. Massachusetts
Decided May 31, 1996No. Criminal Action 95-10223-RCLPublishedCited by 3 opinions
1Opinion of the Court
OPINION
LINDSAY, District Judge.
The defendant, Richard D. Goldberg, has moved to dismiss an indictment of him for, inter alia, mail fraud (18 U.S.C. §§ 1341, 1346) and violation of the Travel Act (18 U.S.C. § 1952). He argues that his prosecution under these statutes violates “the principles of federalism and the Tenth Amendment.” Specifically, he claims that the mail fraud statute is unconstitutional because it allows for federal prosecution of an act that is not prohibited by federal law, and that the Travel Act, as applied to his case, fails to meet the constitutional standards for…
2Cases cited37 opinions
- United States v. LopezSupreme Court of the United States · 1995
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- McNally v. United StatesSupreme Court of the United States · 1987
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
- Carpenter v. United StatesSupreme Court of the United States · 1987
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3Cited by3 opinions
- United States v. GluzmanDistrict Court, S.D. New York · 1997
- United States v. Nathan Wall (95-5007) and Donald Wall (95-5008)Court of Appeals for the Sixth Circuit · 1996
- United States v. Nathan Wall (95-5007) and Donald Wall (95-5008)Court of Appeals for the Sixth Circuit · 1996