Legal Opinion

United States v. Alfred Smith

Court of Appeals for the Fourth Circuit

Decided June 24, 2004No. 03-4650PublishedCited by 34 opinions

1Opinion of the Court

Affirmed by published PER CURIAM opinion. Judge MICHAEL wrote a dissenting opinion.

OPINION

2Per curiam

Appellant, Alfred Smith, appeals his conviction for embezzling, stealing, *563purloining and converting to his own use funds belonging to the Social Security Administration (“SSA”) in violation of 18 U.S.C. § 641. Smith asserts that the indictment against him was unconstitutionally duplicitous, i.e., that it joined two or more distinct and separate offenses in one single count. United States v. Burns, 990 F.2d 1426, 1438 (4th Cir.1993). When an indictment impermissibly joins separate offenses that occurred…

3Cases cited14 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Toussie v. United StatesSupreme Court of the United States · 1970
  3. Moore v. United StatesSupreme Court of the United States · 1895
  4. United States v. Donald Berry Burns, United States of America v. Joseph L. LaforneyCourt of Appeals for the Fourth Circuit · 1993
  5. United States v. Samuel Loring Morison, the Washington Post Cbs, Inc., Amici CuriaeCourt of Appeals for the Fourth Circuit · 1988

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

4Cited by34 opinions

  1. United States v. SuniaDistrict Court, District of Columbia · 2009
  2. United States v. Anthony BurfootCourt of Appeals for the Fourth Circuit · 2018
  3. United States v. Christopher PerryCourt of Appeals for the Fourth Circuit · 2014
  4. United States v. HinesCourt of Appeals for the Armed Forces · 2014
  5. Francisco Mena v. Loretta LynchCourt of Appeals for the Fourth Circuit · 2016

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

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