Legal Opinion

United States v. Dennis D'AmAto

Court of Appeals for the Second Circuit

Decided December 5, 1974No. 184, Docket 74-2008PublishedCited by 23 opinions

1Opinion of the Court

OAKES, Circuit Judge:

On occasion a prosecution is completed under a statute that everyone, including defense counsel and trial court, assumes to be applicable. On closer examination on appeal, however, the panel raises a question that no one had considered, here the applicability of the statute, 18 U.S.C. § 1001, to statements filed in private civil litigation. After post-argument briefing, we have deter mined that the statute is not applicable to such statements. We therefore reverse the appellant’s conviction. 1

Appellant was convicted after a jury-trial for having made false statements in…

2Cases cited23 opinions

  1. United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
  2. United States v. GillilandSupreme Court of the United States · 1941
  3. United States v. BramblettSupreme Court of the United States · 1955
  4. United States v. Irving B. Kahn and Teleprompter CorporationCourt of Appeals for the Second Circuit · 1973
  5. United States v. KahanSupreme Court of the United States · 1974

18 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. United States v. RodgersSupreme Court of the United States · 1984
  2. Hubbard v. United StatesSupreme Court of the United States · 1995
  3. United States v. Robert J. VesaasCourt of Appeals for the Eighth Circuit · 1978
  4. United States v. Alan Herbert Abrahams, A/K/A James A. CarrCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. Nicholas J. MasterpolCourt of Appeals for the Second Circuit · 1991

18 more not listed; retrieve them via the Exa API.

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