Legal Opinion
United States v. Kirk McDavid
Court of Appeals for the Second Circuit
Decided January 4, 1995No. 171, Docket 94-1083PublishedCited by 17 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
On November 12, 1993, Kirk McDavid pleaded guilty to one count of mail fraud under 18 U.S.C. § 1341 before Judge Spatt in the Eastern District of New York. On January 28, 1994, while imposing sentence, Judge Spatt referred to a mistaken item of fact, and afforded McDavid no opportunity to correct the error. The judge sentenced McDavid to the maximum six month prison term, three years of supervised release, a $50 special assessment, and an order of restitution in the amount of $6,084.72.
McDavid filed a notice of appeal and later moved the district court under 18 U.S.C. §…
2Cases cited7 opinions
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
- United States v. Gary MalcolmCourt of Appeals for the Second Circuit · 1970
- United States v. Harold T. BradleyCourt of Appeals for the Second Circuit · 1987
- United States v. Osama Moustaffa Soliman and Feisa El Sayed ElbroulCourt of Appeals for the Second Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Torres v. United StatesCourt of Appeals for the Second Circuit · 1998
- United States v. DewireCourt of Appeals for the First Circuit · 2001
- United States v. Milton Efrain Cruz-FloresCourt of Appeals for the Second Circuit · 1995
- United States v. Mansur-RamosCourt of Appeals for the First Circuit · 2003
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2009
12 more not listed; retrieve them via the Exa API.