Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Shearn MOODY, Jr., Defendant-Appellant

Court of Appeals for the Fifth Circuit

Decided January 25, 1991No. 89-6271PublishedCited by 46 opinions

1Opinion of the Court

BARKSDALE, Circuit Judge:

Shearn Moody, Jr. (Moody), appeals his convictions for: (1) concealing property belonging to his bankruptcy estate, in violation of 18 U.S.C. § 152 ¶ 1 (Count 1); and (2) subsequent to the initiation of his bankruptcy proceeding, concealing his property with intent to defeat the provisions of title 11, in violation of § 152 Í17 (Count 2). Primarily at issue are whether the charges are inconsistent, requiring reversal, and whether § 152 ¶ 7 applies only to pre-bankruptcy petition activity. While the Counts may have been multiplicitous (an issue not before us), they…

2Cases cited27 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Russell v. United StatesSupreme Court of the United States · 1962
  3. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  4. Milanovich v. United StatesSupreme Court of the United States · 1961
  5. United States of America and Revenue Agents Clarence H. Isabel and John S. Reid of the Internal Revenue Service v. The El Paso CompanyCourt of Appeals for the Fifth Circuit · 1982

22 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. United States v. Robert E. BrennanCourt of Appeals for the Third Circuit · 2003
  2. United States v. David M. Saks, United States of America v. James Doyle SpruillCourt of Appeals for the Fifth Circuit · 1992
  3. United States v. Woody F. LemonsCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Simon Edward Heath and Paul Sau-Ki ChengCourt of Appeals for the Fifth Circuit · 1992
  5. United States v. Doyle Marshall Willey, Sr.Court of Appeals for the Fifth Circuit · 1995

41 more not listed; retrieve them via the Exa API.

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