Legal Opinion
John Fountain, Also Known as Chick v. United States
Court of Appeals for the Second Circuit
Decided January 26, 2004No. Docket 03-2188PublishedCited by 72 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
In the context of a petition for habeas corpus, this case considers whether, after the Supreme Court’s decision in Cleveland v. United States, 531 U.S. 12, 121 S.Ct. 365, 148 L.Ed.2d 221 (2000), taxes owed to a government can constitute “property” in its hands within the meaning of the federal mail and wire fraud statutes, 18 U.S.C. §§ 1341, 1343. It also evaluates the continued validity of our decision in United States v. Trapito, 130 F.3d 547 (2d Cir.1997), that the common law revenue rule does not bar criminal prosecutions under the mail and wire fraud statutes in…
2Cases cited32 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Murray v. CarrierSupreme Court of the United States · 1986
- United States v. FradySupreme Court of the United States · 1982
- Bousley v. United StatesSupreme Court of the United States · 1998
- Massaro v. United StatesSupreme Court of the United States · 2003
27 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- City of New York v. Smokes-Spirits. Com, Inc.Court of Appeals for the Second Circuit · 2008
- Empire Merchants, LLC v. Reliable Churchill LLLPCourt of Appeals for the Second Circuit · 2018
- United States v. BindayCourt of Appeals for the Second Circuit · 2015
- United States v. ThornCourt of Appeals for the Second Circuit · 2011
- United States v. Shellef and RubensteinCourt of Appeals for the Second Circuit · 2007
67 more not listed; retrieve them via the Exa API.