Legal Opinion

United States v. Thomas Joseph Chiantese and John Joseph Cerrella

Court of Appeals for the Fifth Circuit

Decided October 27, 1978No. 75-3534PublishedCited by 90 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

This case is before us on remand from the court sitting en banc. Our initial disposition reversed the convictions of Chiantese and Cerrella 1 because the district court had employed what has come to be known as the “Mann instruction.” 2 United States v. Chiantese, 546 F.2d 135 (5th Cir. 1977). The trial judge incorporated the following version of the Mann charge in his final instructions to the jury:

As a general rule it is reasonable to infer that a person ordinarily intends all the natural and probable consequences of acts knowingly done or knowingly omitted. So,…

2Cases cited37 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Stirone v. United StatesSupreme Court of the United States · 1960
  4. Reynolds v. United StatesSupreme Court of the United States · 1879
  5. Remmer v. United StatesSupreme Court of the United States · 1954

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

3Cited by90 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. McVeighCourt of Appeals for the Tenth Circuit · 1998
  3. United States v. Richard O. BertoliCourt of Appeals for the Third Circuit · 1994
  4. United States v. Jimmy Dewitt Webster, Sr., Candido Daniel Santiago, Barry Weinreich, Joe Buhajla, Arthur Byron Murphy, and Clarence RoyalstonCourt of Appeals for the Fifth Circuit · 1985
  5. United States v. BradleyCourt of Appeals for the Eleventh Circuit · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API