Legal Opinion

United States v. Amato

District Court, S.D. New York

Decided October 12, 1973No. 73 Cr. 672-LFMPublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM

MacMAHON, District Judge.

Defendants Mantell and Gittleman move to dismiss the indictment on various grounds. Gittleman adopts all the motions asserted by Mantell in addition to his own motions. Defendant Raia also adopts all motions made by Gittle-man.

The first of the four grounds asserted by Mantell and adopted by Gittleman and Raia is that 18 U.S.C. § 1962, a statute they are charged with violating, is unconstitutional. They claim that it is ambiguous and that it violates their right to due process by denying them a fair trial. We disagree.

A motion similar to Mantell’s was made in…

2Cases cited17 opinions

  1. NielsenSupreme Court of the United States · 1889
  2. Perez v. United StatesSupreme Court of the United States · 1971
  3. Gavieres v. United StatesSupreme Court of the United States · 1911
  4. Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
  5. Travis v. United StatesSupreme Court of the United States · 1961

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3Cited by18 opinions

  1. United States v. Eduardo Orozco-Prada, Humberto Orozco-Prada, Paul Forand and Mahlon ClarkCourt of Appeals for the Second Circuit · 1984
  2. United States v. McLaurinCourt of Appeals for the Fifth Circuit · 1977
  3. In Re Par Pharmaceutical, Inc. Securities LitigationDistrict Court, S.D. New York · 1990
  4. United States v. Frank Altese, A/K/A Frankie FeetsCourt of Appeals for the Second Circuit · 1976
  5. United States v. Grady Quicksey, United States of America v. Mary Jane Quicksey, United States of America v. Alfred DumeurCourt of Appeals for the Fourth Circuit · 1976

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