Legal Opinion

United States v. Gilberto Martinez

Court of Appeals for the Third Circuit

Decided June 19, 1990No. 89-5710PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Gilberto Martinez, the appellee, was convicted under the mail fraud statute for his participation in a scheme to fraudulently obtain for a co-conspirator a medical license from the Commonwealth of Pennsylvania. After serving his sentence, Martinez filed a writ of error coram nobis, seeking to vacate his conviction on the ground that the Commonwealth was not deprived of property within the meaning of the statute. The district court granted the writ, from which the government appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291.

II

Facts and…

2Cases cited26 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. Russell v. United StatesSupreme Court of the United States · 1962
  3. McNally v. United StatesSupreme Court of the United States · 1987
  4. MacKey v. MontrymSupreme Court of the United States · 1979
  5. Carpenter v. United StatesSupreme Court of the United States · 1987

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3Cited by47 opinions

  1. Cleveland v. United StatesSupreme Court of the United States · 2000
  2. Mylan Laboratories, Inc. v. Akzo, N.V.District Court, D. Maryland · 1991
  3. United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
  4. United States v. FrostCourt of Appeals for the Sixth Circuit · 1997
  5. United States v. Daniel M. Paradies, the Paradies Shops, Inc., Paradies Midfield Corporation, Ira JacksonCourt of Appeals for the Eleventh Circuit · 1996

42 more not listed; retrieve them via the Exa API.

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