Legal Opinion
United States v. Place
District Court, D. Massachusetts
Decided November 5, 2010No. Criminal 09-10152-NMGPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
GORTON, District Judge.
I. Background
On August 18, 2010, the grand jury returned a Superseding Indictment adding two counts of smuggling (Counts 8 and 9) to the original Indictment, returned on May 13, 2009, for violations of the Lacey Act and Endangered Species Act.
On October 29, 2010, the defendant David L. Place (“Place”) moved to dismiss Counts 8 and 9 as duplicitous. The relevant portion of 18 U.S.C. § 545 “Smuggling goods into the United States” reads:
Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or…
2Cases cited7 opinions
- William L. Babb v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- United States v. Edward J. RobinsonCourt of Appeals for the Sixth Circuit · 1981
- United States v. Albert VerrecchiaCourt of Appeals for the First Circuit · 1999
- United States v. Wynn Earl Westover, United States of America v. Bea RobertsCourt of Appeals for the Ninth Circuit · 1975
- United States v. TrainorCourt of Appeals for the First Circuit · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. Sanford, Ltd.District Court, District of Columbia · 2012
- United States v. VanoDistrict Court, District of Columbia · 2012