Legal Opinion
United States v. Herbert Alwyn Smith, and Joseph Shea Peeples
Court of Appeals for the Second Circuit
Decided October 31, 1990No. 1387, 1388, Dockets 90-1090, 90-1091PublishedCited by 15 opinions
1Opinion of the Court
WALKER, Circuit Judge:
Appellants Herbert Smith and Joseph Peeples appeal from their January 30, 1990 convictions on one count of conspiracy to violate the Arms Export Control Act 22 U.S.C. § 2751 et seq. and to commit wire fraud, and thirteen counts of wire fraud after an eight day jury trial presided over by Judge Keenan. They appeal on several grounds: 1) that the indictment used to originally charge them, which became defective under McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), could not be cured by mere redaction of non-McNally material, but required a…
2Cases cited15 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- United States v. FradySupreme Court of the United States · 1982
- Richardson v. MarshSupreme Court of the United States · 1987
- Stirone v. United StatesSupreme Court of the United States · 1960
- McNally v. United StatesSupreme Court of the United States · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Charles W. WestbrookCourt of Appeals for the Seventh Circuit · 1997
- United States v. SaninCourt of Appeals for the Second Circuit · 2001
- United States v. Conrad Williams and Wilbert McKenzie Conrad WilliamsCourt of Appeals for the Second Circuit · 1991
- United States v. WallaceCourt of Appeals for the Second Circuit · 1995
- United States v. Rajindar K. ManiktalaCourt of Appeals for the Second Circuit · 1991
10 more not listed; retrieve them via the Exa API.