Legal Opinion · Concurring in part, dissenting in part
United States v. Daniel Reid and Theodore E. Thomas, Jr.
Court of Appeals for the Second Circuit
Decided April 24, 1975No. 771, 772, Dockets 74-2598, 74-2599Published
1Concurring in part, dissenting in partMansfield, Circuit Judge
I concur in Judge Friendly’s characteristically thorough and scholarly opinion except for that portion which reverses defendants’ convictions on Count 2 on the gro'und that § 2114 is “limited to crimes having a postal nexus.” From this I must respectfully dissent. I would affirm the convictions on Count 2.
Section 2114 plainly prohibits defendants’ conduct and is not limited to postal offenses. To reach the majority’s view one must stand a well-established principle of legislative interpretation on .its head. Although it has been observed, somewhat in jest, that some may have a tendency to “go…
2Cases cited20 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Schwegmann Bros. v. Calvert Distillers Corp.Supreme Court of the United States · 1951
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