Legal Opinion

Monsanto v. United States

District Court, S.D. New York

Decided April 20, 2001No. 97 Civ. 4700 RJW. No. S 87 Cr. 555 RJWPublishedCited by 7 opinions

1Opinion of the Court

OPINION

WARD, District Judge.

Petitioner, Peter Monsanto, has moved to vacate his conviction pursuant to 28 U.S.C. § 2255 based on the Court’s erroneous jury instruction concerning the crime of engaging in a continuing criminal enterprise. For the reasons hereinafter stated, petitioner’s motion is denied and the petition is dismissed. 1

BACKGROUND

On October 14, 1987, the government filed an Indictment against Monsanto and others charging them with racketeering, murder, narcotics distribution, weapons possession, and tax evasion. Of relevance to this motion are Counts One, Two, Three, and Four of…

2Cases cited50 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Teague v. LaneSupreme Court of the United States · 1989

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3Cited by7 opinions

  1. Leonardo R. Santana-Madera v. United StatesCourt of Appeals for the Second Circuit · 2001
  2. Peter Monsanto v. United StatesCourt of Appeals for the Second Circuit · 2003
  3. Martin v. United StatesDistrict Court, E.D. New York · 2011
  4. Jones v. United StatesDistrict Court, D. Connecticut · 2003
  5. Yu v. United StatesDistrict Court, S.D. New York · 2002

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