Legal Opinion
United States v. Larry Corbett
Court of Appeals for the Second Circuit
Decided April 29, 2014No. Docket 11-3678-crPublishedCited by 20 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
This case presents a question that is new to our circuit: what evidence is sufficient under the Lindbergh Law, 18 U.S.C. § 1201(a), to convict a defendant of “holding” a victim against the victim’s will? Other circuits differ as to whether a defendant who first “takes” control of his victim by “decoy” or trick must intend to back up his pretense with physical or psychological force in order to “hold” the unwilling victim under the statute. Compare United States v. Boone, 959 F.2d 1550, 1555 & n. 5 (11th Cir.1992) (requiring that the defendant “ha[ve] the willingness…
2Cases cited19 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Oregon v. ElstadSupreme Court of the United States · 1985
- Chapman v. United StatesSupreme Court of the United States · 1991
- United States v. RigasCourt of Appeals for the Second Circuit · 2009
- United States v. Dustin John HiggsCourt of Appeals for the Fourth Circuit · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brendan Dassey v. Michael DittmannCourt of Appeals for the Seventh Circuit · 2017
- United States v. LebedevCourt of Appeals for the Second Circuit · 2019
- United States v. HaakCourt of Appeals for the Second Circuit · 2018
- United States v. Howard Ross, IIICourt of Appeals for the Eighth Circuit · 2020
- United States v. KrivoiCourt of Appeals for the Second Circuit · 2023
15 more not listed; retrieve them via the Exa API.