Legal Opinion
United States v. Joseph F. Schipani
Court of Appeals for the Second Circuit
Decided December 10, 1970No. 269, Docket 35161PublishedCited by 125 opinions
1Opinion of the Court
HAYS, Circuit Judge:
This is an appeal from an order of the United States District Court for the Eastern District of New York denying a motion under Rule 35 of the Federal Rules of Criminal Procedure, for reduction of sentence imposed upon appellant after conviction for tax evasion under 26 U.S.C. § 7201 (1964).
The appeal raises a single issue: is it proper for a judge in deciding upon a sentence to use evidence which has been excluded from trial because it was obtained in violation of the Fourth Amendment.
Appellant’s first conviction was vacated and the case remanded to the district court for…
2Cases cited11 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Williams v. New YorkSupreme Court of the United States · 1949
- Alderman v. United StatesSupreme Court of the United States · 1969
- Walder v. United StatesSupreme Court of the United States · 1954
- Williams v. OklahomaSupreme Court of the United States · 1959
6 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- United States v. JanisSupreme Court of the United States · 1976
- Commonwealth v. RigginsSupreme Court of Pennsylvania · 1977
- Jones v. StateCourt of Criminal Appeals of Texas · 2003
- United States v. Janice Weston, A/K/A Janice WallaceCourt of Appeals for the Ninth Circuit · 1971
- United States v. Leonard PatrickCourt of Appeals for the Seventh Circuit · 1976
120 more not listed; retrieve them via the Exa API.