Legal Opinion

United States v. Brownfield

District Court, C.D. California

Decided February 21, 2001No. SACR00-155 AHSPublishedCited by 9 opinions

1Opinion of the Court

OPINION ON ORDER OF DISMISSAL OF INDICTMENT

STOTLER, District Judge.

I

INTRODUCTION

Defendant Brownfield’s motion to dismiss the single-count Indictment against him raises an issue of statutory interpretation that is a question of first impression in this Circuit: is an agency of the federal government a “person” for purposes of applying Title 18, United States Code, Section 876. Based on the arguments and authorities raised by the parties in their briefs and in oral arguments, and the Court’s own independent research, the Court concludes that the answer is “no.” The Federal Bureau of…

2Cases cited17 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  5. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000

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3Cited by9 opinions

  1. United States v. BlyCourt of Appeals for the Fourth Circuit · 2007
  2. United States v. Noel DavilaCourt of Appeals for the Second Circuit · 2006
  3. United States v. WilliamsCourt of Appeals for the Tenth Circuit · 2004
  4. United States v. Gary Evans JacksonCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. HavelockCourt of Appeals for the Ninth Circuit · 2010

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