Legal Opinion

United States v. Franklyn C. Nofziger

Court of Appeals for the D.C. Circuit

Decided September 5, 1989No. 88-3058PublishedCited by 51 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge EDWARDS.

BUCKLEY, Circuit Judge:

Franklyn C. Nofziger, former Assistant to the President for Political Affairs, appeals his conviction for violation of the Ethics in Government Act. We hold that under the section of the Act that Nofziger was convicted of violating, the government was required to prove that he had knowledge of all of the facts making his conduct criminal. Because the government offered no evidence demonstrating that Nofziger possessed such knowledge, we reverse his conviction.

I.…

2Cases cited15 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  3. United States v. BassSupreme Court of the United States · 1971
  4. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  5. United States v. United States Gypsum Co.Supreme Court of the United States · 1978

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3Cited by51 opinions

  1. United States v. HarrisCourt of Appeals for the D.C. Circuit · 1992
  2. United States v. Tony BurkeCourt of Appeals for the D.C. Circuit · 1989
  3. United States v. Marcos L. Anderson, A/K/A Marcos Loinas AndersonCourt of Appeals for the D.C. Circuit · 1995
  4. United States v. Villanueva-SoteloCourt of Appeals for the D.C. Circuit · 2008
  5. In Re Franklyn C. NOFZIGERCourt of Appeals for the D.C. Circuit · 1991

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