Legal Opinion
United States v. Schipani
District Court, E.D. New York
Decided June 4, 1970No. 63 CR 237PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
The defendant has moved, pursuant to Rule 35 of the Federal Rules of Criminal Procedure, for reduction of the sentence imposed by this Court upon his conviction for tax evasion. 26 U.S.C. § 7201. On the facts, and in the exercise of discretion, this motion would have been denied out of hand were a troublesome question of law not posed: In imposing sentence may the court consider facts and inferences drawn from illegally obtained evidence suppressed at trial ? For the reasons below, we hold that in some cases, including this one, such evidence may…
2Cases cited48 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Mapp v. OhioSupreme Court of the United States · 1961
- North Carolina v. PearceSupreme Court of the United States · 1969
- Weeks v. United StatesSupreme Court of the United States · 1914
- Williams v. New YorkSupreme Court of the United States · 1949
43 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Commonwealth v. RigginsSupreme Court of Pennsylvania · 1977
- Jones v. StateCourt of Criminal Appeals of Texas · 2003
- Logan v. StateCourt of Appeals of Maryland · 1981
- United States v. Julio Alberto Tejada, Mancebo, United States of America v. Winston CabreraCourt of Appeals for the Second Circuit · 1992
- United States v. Gerald Duane VandemarkCourt of Appeals for the Ninth Circuit · 1975
12 more not listed; retrieve them via the Exa API.