United States v. Robert Giampino
Court of Appeals for the Second Circuit
1Opinion of the Court
KEARSE, Circuit Judge:
Defendant Robert Giampino appeals from a judgment of conviction entered in the United States District Court for the Northern District of New York, after a jury trial before Neal P. McCurn, Judge, for forcibly impeding and assaulting a federal marshal, in violation of 18 U.S.C. § 111 (1976). Because the district court failed to accede to the defendant’s proper request that the jury be instructed with respect to a lesser-included offense under 28 U.S.C, § 1501 (1976), we reverse and remand.
FACTS
Although there are two opposing versions of the key events leading to the…
2Cases cited16 opinions
- Sansone v. United StatesSupreme Court of the United States · 1965
- Stevenson v. United StatesSupreme Court of the United States · 1896
- Berra v. United StatesSupreme Court of the United States · 1956
- United States v. Bernard J. Coven and James F. O'COnnOrCourt of Appeals for the Second Circuit · 1981
- United States v. Andrew TsanasCourt of Appeals for the Second Circuit · 1978
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- United States v. Larry Liefer, George Sharos, and Charles PattersonCourt of Appeals for the Seventh Circuit · 1985
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