Legal Opinion
United States v. Irwin I. Grossman, United States of America v. Otis Randolph Young
Court of Appeals for the Fourth Circuit
Decided October 26, 1979No. 77-2565, 77-2566PublishedCited by 20 opinions
1Opinion of the Court
FIELD, Senior Circuit Judge:
Irwin I. Grossman and Otis Randolph Young were charged with conspiracy under 18 U.S.C. § 371 to maliciously damage and destroy by means of an explosive device a Link-Belt LS-4000 hydraulic excavator (backhoe), used in an activity affecting interstate commerce, in violation of 18 U.S.C. § 844(i). 1
Grossman moved to dismiss the indictment for lack of jurisdiction of the federal district court, alleging that the destroyed backhoe was not being used in interstate commerce. 2 By stipulation and evidence introduced by the Government it was established that the backhoe…
2Cases cited4 opinions
- Scarborough v. United StatesSupreme Court of the United States · 1977
- National Labor Relations Board v. Reliance Fuel Oil Corp.Supreme Court of the United States · 1963
- United States v. Richard Wayne Schwanke, Virgil Ernest Huggins, Olen CollinsCourt of Appeals for the Tenth Circuit · 1979
- United States v. John L. SweetCourt of Appeals for the Seventh Circuit · 1977
3Cited by20 opinions
- United States v. Anne C. Voss, United States of America v. Thomas E. LoweCourt of Appeals for the Eighth Circuit · 1986
- United States v. Dale Lynn RyanCourt of Appeals for the Eighth Circuit · 1994
- United States v. James Anthony Michaels, IIICourt of Appeals for the Eighth Circuit · 1984
- United States v. Todd R. DaviesCourt of Appeals for the Third Circuit · 2005
- United States v. Dominick Mennuti and Victor NataleCourt of Appeals for the Second Circuit · 1981
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