Legal Opinion
United States v. Svete
Court of Appeals for the Eleventh Circuit
Decided February 2, 2009No. 05-13809PublishedCited by 62 opinions
1Opinion of the Court
PRYOR, Circuit Judge:
This appeal presents the question whether the crime of mail fraud, which prohibits “any scheme or artifice to defraud” by use of the mail, 18 U.S.C. § 1341 (emphasis added), requires proof that the scheme be capable of deceiving a reasonably prudent person or whether schemes aimed at the gullible or improvident are also prohibited. David W. Svete and Ron Girardot appeal their convictions for mail fraud and argue that the district court erred when it refused to instruct the jury that the government must prove that Svete and Girardot devised a scheme reasonably calculated…
2Cases cited62 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Neder v. United StatesSupreme Court of the United States · 1999
- United States v. LanierSupreme Court of the United States · 1997
- United States v. BassSupreme Court of the United States · 1971
- Smith v. United StatesSupreme Court of the United States · 1993
57 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017
- United States v. McNairCourt of Appeals for the Eleventh Circuit · 2010
- United States v. MaxwellCourt of Appeals for the Eleventh Circuit · 2009
- Ironworkers Local Union 68 v. Astrazeneca Pharmaceuticals, LPCourt of Appeals for the Eleventh Circuit · 2011
- United States v. Manuel RodriguezCourt of Appeals for the Eleventh Circuit · 2013
57 more not listed; retrieve them via the Exa API.