Legal Opinion
United States v. DAmelio
Court of Appeals for the Second Circuit
Decided June 13, 2012No. Docket 09-2541-crPublishedCited by 46 opinions
1Opinion of the Court
HALL, Circuit Judge:
Appellant, the United States of America (the “government”), appeals from the June 1, 2009, amended decision of the Southern District of New York (McMahon, J.) that vacated Defendant-Appellee Daniel D’Amelio’s conviction, after a jury trial, of one count of attempted enticement of a minor, in violation of 18 U.S.C. § 2422(b), and granted his motion for a new trial under Fed.R.Crim.P. 33. The district court held that its jury instructions resulted in a constructive amendment of the indictment because the difference between the language of the “to wit” clause of the…
2Cases cited23 opinions
- United States v. CottonSupreme Court of the United States · 2002
- Hamling v. United StatesSupreme Court of the United States · 1974
- Stirone v. United StatesSupreme Court of the United States · 1960
- United States v. Resendiz-PonceSupreme Court of the United States · 2007
- United States v. RigasCourt of Appeals for the Second Circuit · 2007
18 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. VilarCourt of Appeals for the Second Circuit · 2013
- United States v. PierceCourt of Appeals for the Second Circuit · 2015
- United States v. BastianCourt of Appeals for the Second Circuit · 2014
- United States v. BolesCourt of Appeals for the Second Circuit · 2019
- United States v. McGinnCourt of Appeals for the Second Circuit · 2015
41 more not listed; retrieve them via the Exa API.