Legal Opinion
United States of America, Plaintiff-Appellee-Cross-Appellant v. Joseph Pankhurst, Defendant-Appellant-Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided August 20, 1997No. 96-20563PublishedCited by 42 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
The principal issue at hand is whether, prior to a sua sponte downward departure, the district court must give Fed. R.Crim. P. 32 pre-sentencing notice to the Government. Joseph Pankhurst appeals his conviction under 18 U.S.C. § 201(b)(1)(A) for “corruptly giv[ing] ... [$10,000] to [a] public official ... with ... intent ... to influence [an] official act”; he challenges both the jury instruction describing the “official act” (“acceptance of an offer by [Pankhurst] to purchase a loan being sold ... by the Resolution Trust Corporation”) and the…
2Cases cited18 opinions
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. CalverleyCourt of Appeals for the Fifth Circuit · 1994
- United States v. PettigrewCourt of Appeals for the Fifth Circuit · 1996
- United States v. Barbara ChaneyCourt of Appeals for the Fifth Circuit · 1992
- United States v. JaramilloCourt of Appeals for the Fifth Circuit · 1995
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. Michael O'keefe, Sr. Eric Schmidt John O'Brien Gary Bennett Paul SchmitzCourt of Appeals for the Fifth Circuit · 1997
- United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010
- United States v. PineiroCourt of Appeals for the Fifth Circuit · 2006
- United States v. IzydoreCourt of Appeals for the Fifth Circuit · 1999
- United States v. Willie Burns Martanette Alexander Gregory Eugene August Earline Montgomery, United States of America v. Gregory Eugene AugustCourt of Appeals for the Fifth Circuit · 1998
37 more not listed; retrieve them via the Exa API.