Legal Opinion

United States v. John C. Mandanici, Jr.

Court of Appeals for the Second Circuit

Decided February 23, 2000No. 1999PublishedCited by 136 opinions

1Opinion of the Court

Judge KEARSE concurs in the opinion and judgment of the Court, and files a concurring opinion.

JOSÉ A. CABRANES, Circuit Judge:

The principal question presented, as a matter of first impression, is whether the change in the law of this Circuit following United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), to require proof of materiality beyond a reasonable doubt for conviction under 18 U.S.C. § 1001, applies retroactively on eol-lateral review. Petitioner John C. Man-danici, Jr., appeals from a judgment of the United States District Court for the District of…

2Cases cited61 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Sullivan v. LouisianaSupreme Court of the United States · 1993

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3Cited by136 opinions

  1. United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
  2. Leavitt v. AraveCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. CoplanCourt of Appeals for the Second Circuit · 2012
  4. United States v. Kwok Chee Kwan, AKA Jeff KwanCourt of Appeals for the Ninth Circuit · 2005
  5. Commonwealth v. ClarkeMassachusetts Supreme Judicial Court · 2011

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

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