Legal Opinion
United States v. Fatico
District Court, E.D. New York
Decided December 1, 1977No. 76-CR-81PublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
This case presents, in one of its many aspects, the perpetual dilemma of a free society: shall it ignore fundamental rights in protecting itself against those convicted of preying on its members? Specifically, in determining an appropriate sentence, may the court rely upon testimony of an F.B.I. agent that an undisclosed informant told him that the defendant is a member of an organized crime syndicate? Under the circumstances of this case the answer is no. It is a violation of the Due Process and Confrontation clauses of the Constitution to base a…
2Cases cited47 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Goldberg v. KellySupreme Court of the United States · 1970
42 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Carmine Fatico, and Daniel FaticoCourt of Appeals for the Second Circuit · 1978
- United States v. Daniel FaticoCourt of Appeals for the Second Circuit · 1979
- In Re Franklin National Bank Securities LitigationDistrict Court, E.D. New York · 1979
- United States v. Charmer Industries, Inc., and Peerless Importers, Inc.Court of Appeals for the Second Circuit · 1983
- United States v. FaticoDistrict Court, E.D. New York · 1978
17 more not listed; retrieve them via the Exa API.