Legal Opinion

United States v. Nascimento

Court of Appeals for the First Circuit

Decided July 2, 2007No. 06-1152, 06-1153, 06-1154PublishedCited by 66 opinions

1Opinion of the Court

SELYA, Senior Circuit Judge.

The pivotal issue in this case concerns the application of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962, to a street gang *30engaged in violent, but noneconomic, criminal activity. That issue possesses constitutional implications weighty enough to have led one of our sister circuits to fashion a special, more rigorous, version of RICO’s statutory “affecting commerce” requirement for use in connection with defendants involved with enterprises that are engaged exclusively in noneconomic criminal activity. See Waucaush v. United States,…

2Cases cited71 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  5. United States v. LopezSupreme Court of the United States · 1995

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

3Cited by66 opinions

  1. Aguilar v. United States Immigration & Customs Enforcement Division of the Department of Homeland SecurityCourt of Appeals for the First Circuit · 2007
  2. United States v. Rene E.Court of Appeals for the First Circuit · 2009
  3. United States v. Jorge CornellCourt of Appeals for the Fourth Circuit · 2015
  4. United States v. SilvaCourt of Appeals for the First Circuit · 2009
  5. United States v. AyalaCourt of Appeals for the Fourth Circuit · 2010

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API