Legal Opinion
United States v. Luke A. Nelligan
Court of Appeals for the Fifth Circuit
Decided May 19, 1978No. 77-5403PublishedCited by 59 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
Luke A. Nelligan appeals from his conviction by a jury of defrauding the telephone company in violation of 18 U.S.C. § 1343. 1 Defendant contends that his conviction should be reversed because a tape of a telephone conversation involving defendant was improperly admitted into evidence and because the federal prosecution was brought subsequent to a state charge regarding the same conduct, in violation of the Justice Department’s Petite 2 policy, which is concerned with duplicative prosecutions. We affirm the conviction.
The Government’s principal witness was Thomas…
2Cases cited14 opinions
- Olmstead v. United StatesSupreme Court of the United States · 1928
- Abbate v. United StatesSupreme Court of the United States · 1959
- On Lee v. United StatesSupreme Court of the United States · 1952
- Rinaldi v. United StatesSupreme Court of the United States · 1977
- Petite v. United StatesSupreme Court of the United States · 1960
9 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. BascaroCourt of Appeals for the Eleventh Circuit · 1984
- United States v. Lewis Davis Michel, Robert Joseph Belmares, John Handy Jones, Daniel Stewart Henshaw and Ted Ray HinesCourt of Appeals for the Fifth Circuit · 1979
- United States v. BrazelCourt of Appeals for the Eleventh Circuit · 1997
- 4 Fed. R. Evid. Serv. 1197, 5 Fed. R. Evid. Serv. 570 United States of America v. Jose Esteban Cambindo Valencia, Jose Manuel Escobar Orjuella, Federico Gonzalez, Alfonso Velasco, Mario Caicedo, Edgar Enrique Moreno Ortiz, Julio Francisco Bermudez Prado, Rafael Flores Valencia, Carmen Vivas, Freddie Williams, Jesus Losada, and Rosalinda LosadaCourt of Appeals for the Second Circuit · 1979
- United States v. Brett C. KimberlinCourt of Appeals for the Seventh Circuit · 1987
54 more not listed; retrieve them via the Exa API.