Legal Opinion
In Re United States of America, United States of America v. Michael Clemente
Court of Appeals for the Second Circuit
Decided October 22, 1979No. 1422, Docket 79-3051PublishedCited by 19 opinions
1Opinion of the Court
NEWMAN, Circuit Judge:
The United States seeks a writ of mandamus in advance of trial in this criminal case to challenge the trial court’s interpretation of 18 U.S.C. § 3237(b) concerning venue for prosecution of certain internal revenue offenses.
The original indictment charged defendant Michael Clemente and ten others with racketeering, extortion, labor pay-offs, and tax evasion. Ten counts charged Clemente with income tax offenses in violation of 26 U.S.C. §§ 7201 and 7206(2) for the years 1973-1977. Each of the § 7201 counts alleged an attempt to evade taxes by signing and mailing a false…
2Cases cited9 opinions
- Helstoski v. MeanorSupreme Court of the United States · 1979
- Warner v. GoltraSupreme Court of the United States · 1934
- United States v. Ben J. Slutsky and Julius Slutsky, D/B/A "The Nevele"Court of Appeals for the Second Circuit · 1973
- United States v. Harold Gross, Also Known as Harry GrossCourt of Appeals for the Second Circuit · 1960
- United States v. Jack B. Weinstein, United States District JudgeCourt of Appeals for the Second Circuit · 1975
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3Cited by19 opinions
- Continental Insurance v. Atlantic Casualty InsuranceCourt of Appeals for the Second Circuit · 2010
- United States v. DeFabritusDistrict Court, S.D. New York · 1985
- United States v. PosnerDistrict Court, S.D. New York · 1982
- United States v. SteinDistrict Court, S.D. New York · 2006
- United States v. HurwitzDistrict Court, S.D. West Virginia · 1983
14 more not listed; retrieve them via the Exa API.