Legal Opinion

United States v. Phillip Rossomando

Court of Appeals for the Second Circuit

Decided April 10, 1998No. Docket 97-1491PublishedCited by 70 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

Defendant-appellant Phillip Rossomando appeals from a judgment of the United States District Court for the Eastern District of New York (Raymond J. Dearie, Judge), convicting him of one count of mail fraud under 18 U.S.C. § 1341. 1 Rossomando argues that the court’s jury charge improperly suggested that the government did not have to prove that Rossomando intended to harm his victim in order to be guilty of mail fraud. We agree, and therefore reverse the judgment of the district court.

I

Rossomando is a retired New York City firefighter who was awarded a…

2Cases cited10 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1997
  2. Bollenbach v. United StatesSupreme Court of the United States · 1946
  3. Marc J. Anderson & Jeffrey E. Grubb v. Dennis Branen, Ross Kindestin, Ed WisniefskiCourt of Appeals for the Second Circuit · 1994
  4. United States v. Wallach, Rusty Kent London, Eugene Robert Wallach, A/K/A "E. Robert (Bob) Wallach," and Wayne Franklyn ChinnCourt of Appeals for the Second Circuit · 1991
  5. Hathaway v. CoughlinCourt of Appeals for the Second Circuit · 1996

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3Cited by70 opinions

  1. United States v. BindayCourt of Appeals for the Second Circuit · 2015
  2. United States v. FergusonCourt of Appeals for the Second Circuit · 2011
  3. United States v. Sheldon Walker and Mohammed Rasheed Khan, Also Known as Rashid Uddin Khan, Shaikh SaeedCourt of Appeals for the Second Circuit · 1999
  4. United States v. Susan Frank and Jane Frank KreschCourt of Appeals for the Second Circuit · 1998
  5. United States v. Kenneth W. Curry, Ii, United States of America v. Kenneth W. Curry, IICourt of Appeals for the Fourth Circuit · 2006

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